On the letterhead of the Elder Attorney we will be seeing I noticed this website addy. www.elderlawanswers.com I checked it out and learned somethings about SC and the law. There is a place on the top where you can scroll down to your state and go from there. I learned somethings about how much a surviving spouse is allowed and it explains how it works. Jane, You know your STUFF.lol.
I've gone there and checked up on Pennsylvania. Very clear, and they also have the information that the situation about annuities in Pennsylvania is pretty much up in the air. They don't know what the rules are because state and federal courts are in disagreement. I had already found that out on Pennsylvania specific web sites.
Went to the site and it is very easy to understand. The only thing haven't seen anywhere and can't find info on is: I have owned the home my DH and I live in in Calif. in my name only for over 25 years. I obtained the home from my previous marriage and then rented it for several years until my DH with AD moved into it about 4 years ago....Since Calif. is a community property state and the title is held in my name only and states..."not part of community property". Does anyone know if my home is safe from the gov. placing a lien on it for his care???
No JudithKB, the state of California will not place a lein on your home..It is in your name>>>States not community Property and therefore does not fall into your husband's estate. Even if the home was titled in your husbands name alone, a lein would not be placed as long as you lived in the home.
Starling: I am sorry, but you would really have to SHOW me where Pennsylvania does not allow the spousal Annunity. It does, as long as it is set up according to the guidelines I have spoken of.
*Note on annuities:"There is split authority on the effect of a purchase of an actuarially sound annuity in Pennsylvania. A state appeals court has held that the purchase of an actuarially sound annuity by a community spouse may result in a transfer penalty. A federal district court has held exactly the opposite. The state Medicaid agency's office of legal counsel reviews all annuity purchases that fall within the lookback period. It is not clear what criteria they are using in their evaluation - it appears to be subjective."--Marshall
This is the same information I have found on an elder law in Pennsylvania page elsewhere on the web. From the looks of it the smart thing to do is to get the annuity (the right kind obviously) and then just take your changes on them accepting it. Which is what I will do. Maybe I will win. Maybe I will lose. But this is one of those situations where you take a chance.
It is too late to do it now. There is no way my husband will live long enough for me to get away with the "lookback period". It is also too late to save the house by putting it into my name alone, but I will probably try that too if the elder lawyer I choose is willing to try it when the time comes.
Well, I must be a real hum dinger....I either had a difficult time understanding or I'm looking in the wrong place. First off I didn't find what the CA surviving spouse is allowed and two, I didn't understand about the House issue. Both my husband and I are titled on our home, I understand they can't put a lein on the home as long as I'm living in it, but what if......I place my husband in a care facility more than 50 miles away (closer to my family) and I sell the home to purchase another closer to my husband and family. #2 What if he is in the care facility, passes and I want to sell to move closer to my family? I guess my main concern is this. SSD states that you can use the disabilty benefits to pay for a home, car etc as long as my husbands name is on the title. If it's not on the title the money cannot be used for this purpose. I don't make enough money to make the mortgage, car payments by myself and still live....if I remove his name, what do I do? I am so confused. Rae
And yes, compared to the Pennslvania page, this is as clear as mud, especially on the subject of annuities.
I think that both of us would need to talk to a real, live, lawyer before we actually made any plans. In fact it would be best if all of us did it that way. The web is a good place to get a feel for what is going on, and get educated, but it is a really, really bad place to made decisions.
But at least with this site, and others like it, we know what questions to ask.
Since I am from Calif. and have been researching this as mush as I can, I will try and answer your question Rae Ann. As I understand it, in Calif, if your DH goes into a NH and you apply for Medicaid there is a 5 year look back to see that you didn't give any of your assets away or place them in some other name i.e. children, grandchildren, etc. Also, will be allowed approx. $2600 per month from your joint income to live on plus one car, your house to live in and $104,000 in cash, bonds, etc. However, since your title is in both of your names, if you do not have enough cash/insurance to pay for his care they will place a lien (except they call it something else) on your property which will be due to the gov. at the time of your death or when you sell the property and do not purchase a home of the same or greater value. Jane is the real whiz on these matters so she can feel free to correct me and you should have more faith in what she says then what I am telling you. But, this is my understanding. My home in Calif. is in my name only and states "Not part of Community Property" so the gov. can't touch my house.
Sorry, one more comment. Yes, yes, I do think it is best to seek the advice of an elder attorney and I intend to do that. The above comments were just my understanding of the situation.
Judith, I would ask a professional. Even though your house is in your name only, but still you are MARRIED, Medicaid may see that as a joint MARITAL asset. I had to find that out the hard way by seeing an elder law attorney at the insistence of all here.
Rae Ann, I know you've spent a lot on attorney fees, but find one more (certified elder attorney) and one who will give you a free consultation. The Alzheimer's Association gave me a list. Make a list of questions & maybe that will bring you out of the darkness into the light. Knowledge is power. You need to empower yourself to prepare for the future.
This site is run by an advocacy group, and you can contact them with your specific questions. See at the bottom of the menu on the left:
Get help with free Medicare counseling. Find your local Health Insurance Counseling and Advocacy Program: 1-800-434-0222
This is a toll-free hotline. The link takes you to a page that explains that free individual counseling about Medicare and other health care issues is available through the Health Insurance Counseling and Advocacy Program (HICAP), with offices in every county in California, as well as the hotline, and gives you all the contact information for the HICAP office in your county.
This "Medicare for under 65" was discussed in relation to my trip to Washington DC. If you are UNDER 65, and HAVE BEEN APPROVED FOR DISABILITY, there is a TWO YEAR WAITING PERIOD before you can get onto Medicare. That is the waiting period that the Alzheimer's Association is fighting tooth and nail to get waived.
There is one exception that I know of, and that is if you have Lou Gherig's Disease (ALS), the 2-year waiting period is waived.
During our Washington trip, we discussed this with many legislative aides to our senators and representatives. Most were oblivious to the fact that people UNDER 65 get Alzheimer's Disease. The assumption is that since "only old people" get Alzheimer's Disease, they are already on Medicare. It was waived for ALS (and you can bet there were years of lobbying by ALS advocates) because younger people are afflicted with ALS.
We all did out very best to get the word out about EOAD and the need for a waiver for AD.
For JudithKB, in response to Val's post regarding your home. YES it is best to consult a professional. Especially anyone who is not well versed in Medicaid. It is a hard maze to go through yourself. I have just tried to offer information, that is all, not professional advice.
But in your case JudithKB, your home is safe, it is because you both live in your home therefore it is considered the homeplace. In Val's situation her home was a second home not the home they both lived in. Each case is different and what is right for one person is not right for the next.
In the case of Annunities, I have always advised never buy one unless you know what you are doing, they have to be set up according to Certain Medicaid Life tables, according to your age, and certain other requirements. I only spoke of them to let you know they are available so you would know what questions to ask.
I am sorry if any of you thought I gave you misleading information. I am only a lay person just like the rest of you and again I say, NOT A PROFESSIONAL. I have always said that.
Jane, I have to say a huge THANK YOU for the benefit of your knowledge about many of these issues. Half the time..heck..in my case, almost all the time.. I have no idea what to ask or what to think! Its a maze that we crawl through and I'm grateful for your help. There are times when PROfessionals can't be reached, understood, or trusted..especially just for bouncing ideas around. It helps so much to hear from those who have faced similar circumstances. Your suggestions have been practical and for me, almost lightbulb moments!
Jane, you got us educated. That you don't know everything about every state doesn't mean that what you told us wasn't very, very useful. You are right up there with the federal law. It is the state laws for states you don't live in that sometimes are different from what you told us.
It is very important to get educated. You won't get the information you need unless you know the right questions to ask. Jane provided me with the right questions.
Starling, You stated that the State Information I gave folks was incorrect. The only State law that I can think you may be speaking of is the Annunity for Pennsylvania. I did not give incorrect information. Pennsylvania has not decided not to allow the Annunity, It is touch and go as the web site You directed me to stated. I also looked at North Carolina on that web site and it says that State is electing the Tefra Lien System 7-1-06. As of this date that is incorrect. North Carolina has not elected the Tefra Lien System. Not all information on those sites get changed in a timely matter.
To my knowledge the State laws that I stated to all who asked me were correct for their State, IF they told me what State they live in. Believe me I know my State Information Also.
And no I do not know everything, no one does.
I will not post financial information again, Starling you can take it from here.
Jane, there is no need to stop posting financial information. I found all of what you posted good. Frankly I don't know as much as you do, so if you stop posting I would miss your wise advice.
Jane, You have given us all very valuable information. Please don't leave the new ones hanging. My gosh, had it not been for you, I would have probably unexpectedly lost my house. Someone pulled me from the other regular site & told me about you. We understand you are not giving professional advice, but you know so much and you were the one who urged me to see an attorney. (Who confirmed what you said.) I just thought that Medicaid has a way of latching onto the house you both live in, but not until after both spouses are dead. So if this is the case, and say, someone wanted to get a reverse mortgage, I don't know if they would have trouble with that or not if Medicaid is involved. Other questions arise, such as home equity loans for repairs. I don't know the answers.
No one expects anyone to know everything! Think of all the people you have helped. I can understand your not wanting to post it over & over & that is why I thought maybe Joan could move your postings to the home page, like frequently asked financial questions. But please do not hesitate to throw in your comments about financial information. For those of us who know NOTHING it is extremely important.
I read your postings, not because they pertain to my present situation, but for what might present itself in the future. I probably shouldn't have commented here, because what the heck do I know. I just know to raise questions.
I don't think you have a darned thing to be sorry for.
I have been thinking about this for a long time, and am in the process of putting all of Jane's advice into a special message board category or, as Val suggested, a home page topic. I will be discussing it with Jane privately.
That is a great idea Joang. Jane has been so helpful to most of us. She has stated things that I had not even considered and that I definitely knew nothing about. It sure got me thinking about my financial future and prompted me to do some research. I never knew anything about "lookback" and never gave it a thought, but now I can see how important it is to think of these matters early on and not wait until you might need them and it is too late.
Yes, I asked the elder law attorney about putting my house in my son's name, and he told me unless sold it to him at fair market value, & even then, the "lookback" period was 5 years. I told him I didn't think I had 5 years.
Joan, glad you have stepped in. Jane is so special to so many of us.
Everyone interested in saving their assetts, please go to www.heiserlaw.com and click on whichever link might interest you such as: Medicaid Myths, Protecting the Home, Allowing more married couples to qualify. Duane