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She seems to feel like it's "her" money and he's not entitled to it. But Medicaid was denied because, in their opinion, if you're married, there's no such thing as his or her money. I'm afraid that she and my dad will be sent to collections in a few months. I can pay from his checking account and a CD but that's only going to last about two months before it runs out.

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Has your mother consulted an Eldercare attorney who is familiar with Medicaid in their state?

This should have been done BEFORE dad entered the NH, but needs to be done RIGHT NOW.

Their assets will be divided equitably and mom will not be impoverished.

Otherwise, mom WILL be impoverished and will spend ALL of her money on dad's NH bills.
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RitainNC Feb 2022
Yeah should have. But here we are. She does not get it and has no interest in doing so.
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I mean she will go broke quick if she paid for your dad's care. LTC is not cheap.
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RitainNC Feb 2022
Well, yeah.
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Do you mean actual cash in the house? And it was entered on the Medicaid paperwork? Is she competent and can understand that Medicaid wants his half of their marital assets to pay for his care? At least using "his" money will buy you some time to work this out with mom and hopefully get her to see the light.
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RitainNC Feb 2022
I mean cash in banks. Yes she understands. She’s just mean and selfish.
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I would get her examined for competence to handle her own affairs.

What's going to happen is that the NH will sue for guardianship and then sue HER for payment. And they will win, because unless she lives in a "spousal refusal" state, half of those assets are his in the eyes of the law.
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Maggie61r Mar 2022
Yes, this is exactly what will happen. And the only 2 states that I'm aware of that allow 'spousal refusal' are New York and Florida, though I could be wrong.
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Mom should get some legal & financial advice. That's how to protect HER funds (that's how you sell that to her).

Keeping her head in the sand may be a cover-up for not knowing what to do?

1. Warn/advise her.
2. She decides: takes action or ignores.
3. She lives with those consequences.
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I do wonder does she view LTC as a waste of money, or pointless to pay for something that will dry up their funds unless they have millions will clear out the coffers fairly quickly.

Or something that Medicaid should just cover off the rip.
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