Elder law

Please speak with an Elder law attorney that works with individuals that require medicare and medicaid. This is an especially complex area of the law and there are many specific details that must be attended to when applying for these benefits, plus there may be other benefits out there. Please do not take any money out of your father's accounts, and do not re-deed the house!!! This will NOT save money and will NOT help you father with medicare and medicaid. This is because Medicaid has a five year “divestment” look back. Divestments include disclaimers, gifts (even gifts of exempt assets), paying somebody else’s bills, transfers to irrevocable trusts, purchase of certain annuities or life insurance products, transfers for less than fair market value, adding joint owners to assets other than bank accounts, and current gifts of remainder interests. An Elder law attorney will be able to assist you with the application and to assist you with other options. Erika McNamara www.erikamcnamaralaw.com 734-476-0739

No, do not take money out of his account, as the account may be audited. Medicare.gov has alll the information, and you should also call an elder law attorney in your state to discuss a plan for him.

First things first. Medicare is an entitlement benefit which is probably paying for your father's rehabilitation and the limit for that benefit is 100 days beginning the first day of skilled care (which is usually the day he would have been admitted to the hospital.) The first step is to make sure he maximizes the number of days he is entitled to receive. If he has maximized his benefits under Medicare and/or the rehabilitation has ended the facility must give you adequate notice of the end of these benefits. The family is then faced with the decision to either take dad home, have him stay on private pay basis, or qualify for medicaid. Medicare does not pay for long term care, so most families are faced with the crippling cost of paying for this type of care or moving assets to qualify for Medicaid assistance. Additional help may be obtained if your father was a wartime Veteran. The fact that your father is married will allow for certain types of planning that will allow the preservation of the estate, so don't gift or otherwise dispose of assets. These transfers will prevent him from qualifying. My office is not far from you and I would be pleased to answer any questions you have. In addition, I am giving a free seminar on Medicaid qualification at the end of March. If you would like to attend please call my office to get a flier. My website is a good place to learn more about the firm as well, www.michiganlawcenter.com Sincerely, Michele Michele Fuller