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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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I agree with everyone. A debit card is like a check. It is drawn from his checking account. Medicaid looks at bank statements back five years. There is also a spend down where Gpa can only have $2000 (in NJ, each state is different) in his bank account. You need to hand the card over to the person who helped with the Medicaid filing. Even if it's a credit card. You are not entitled to use it.
Nathan, Another thought, you wrote “we are in the process..” So has a Medicaid application been started or done? If so, whomever was doing the application needs to carefully look at the fine print the state of CT has for changes to assets after application filed.
I have no idea how CT does this. But for the TX application if the dpoa or family do anything to change the items in the application, they must in writing notify Medicaid within 30 days or if not state can place a fine on them. Yea on them, not the elder. The dpoa could find themselves in their own personal hell due to allowing you to get gramps $ in addition to his transfer penalty if CT does something like this.
Is it a debit card or a CC? If it’s a debit card, it’s going to show up in his banking Statements. Paying rent for others or buying anything for others is considered gifting by Medicaid and makes him ineligible.
This is beyond real bad idea. I’m guessing that gramps has some degree of dementia. He wants to do something for family but doesn’t realize the ramifications for Medicaid. He is considered a “vulnerable adult” and you can be found to be taking advantage of a vulnerable adult.
What will happen is that when Medicaid does a review of his financial, the gifting via the debitcard will surface. So he will be ineligible for CT Medicaid program. So for him to stay in the NH either family happily private pays for his care due to the transfer penalty issued due to $$$ Gifted; OR someone in the family files charges against you for stealing/ undue influence/ taking advantage of a vulnerable adult cause if there’s a police report the penalty can be lifted but your going to court....; OR family does a civil and sues you. Whatever it’s a hot legal mess. Don’t do it, & repay whatever $ given to you.
If it’s a CC is going to be it’s own special clusterF for both Medicaid and the CC company. CC isn’t exactly an asset, like debit card $ in the bank is. It’s credit that becomes a debt. And debt that grandpa will owe. Problem is once he’s in a NH and on Medicaid he will have no $ anymore to ever pay on his outside debts, like his home, credit cards, car, etc. all his monthly income must be paid to the NH as the required copay or SOC (share of cost). He will default on the debt and the CC can look to see if any fraudulent charges done with the card and go after whomever did them.
Who is DPOA? They have a fiduciary responsibility to manage funds appropriately.
Nathan, you cannot use Grandfather's debt care for your own rent. That would cause a major disruption regarding Medicaid.
Who is Grandfather's financial Power of Attorney? Usually that person would be the one to handle all of the financial matters. If the POA says it is ok for you to use the debit card to buy things for Grandfather's care, I would check to see how much money is in the account to which the debit card is drawn. You wouldn't want an over-draft.
OK then Medicaid rules on gifting will come into play assuming he applies for Medicaid within the lookback period (5 years, or perhaps longer in some states). In that case there would be a penalty period in which Medicaid would not pay. Igloo, another poster, is very good for info especially in this area.
When you are spending with this card you are strictly using it for his welfare, correct? And you are carefully keeping all receipts so that when Medicaid looks at this it is clear that all monies you spent using his money were for his benefit only. If this is not so, and you are using the card for things not for him, then he is gifting and this will cause huge trouble with the Medicaid application.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
So has a Medicaid application been started or done? If so, whomever was doing the application needs to carefully look at the fine print the state of CT has for changes to assets after application filed.
I have no idea how CT does this. But for the TX application if the dpoa or family do anything to change the items in the application, they must in writing notify Medicaid within 30 days or if not state can place a fine on them. Yea on them, not the elder. The dpoa could find themselves in their own personal hell due to allowing you to get gramps $ in addition to his transfer penalty if CT does something like this.
Where is the dpoa in all this???
If it’s a debit card, it’s going to show up in his banking Statements. Paying rent for others or buying anything for others is considered gifting by Medicaid and makes him ineligible.
This is beyond real bad idea.
I’m guessing that gramps has some degree of dementia. He wants to do something for family but doesn’t realize the ramifications for Medicaid. He is considered a “vulnerable adult” and you can be found to be taking advantage of a vulnerable adult.
What will happen is that when Medicaid does a review of his financial, the gifting via the debitcard will surface. So he will be ineligible for CT Medicaid program. So for him to stay in the NH either family happily private pays for his care due to the transfer penalty issued due to $$$ Gifted; OR someone in the family files charges against you for stealing/ undue influence/ taking advantage of a vulnerable adult cause if there’s a police report the penalty can be lifted but your going to court....; OR family does a civil and sues you. Whatever it’s a hot legal mess.
Don’t do it, & repay whatever $ given to you.
If it’s a CC is going to be it’s own special clusterF for both Medicaid and the CC company. CC isn’t exactly an asset, like debit card $ in the bank is. It’s credit that becomes a debt. And debt that grandpa will owe. Problem is once he’s in a NH and on Medicaid he will have no $ anymore to ever pay on his outside debts, like his home, credit cards, car, etc. all his monthly income must be paid to the NH as the required copay or SOC (share of cost). He will default on the debt and the CC can look to see if any fraudulent charges done with the card and go after whomever did them.
Who is DPOA? They have a fiduciary responsibility to manage funds appropriately.
Who is Grandfather's financial Power of Attorney? Usually that person would be the one to handle all of the financial matters. If the POA says it is ok for you to use the debit card to buy things for Grandfather's care, I would check to see how much money is in the account to which the debit card is drawn. You wouldn't want an over-draft.