Tag Archive for: medicaid

Three Popular (And Bad) Reasons For Traditional Estate Planning

Avoid Probate – Save Taxes – Help The Kids

Traditional Estate Planning Means Nursing Home Poverty

Ever been on an airplane? You remember. Aluminum thing with wings. Like a city bus, but less comfortable. Sure, it was a long time ago. Before COVID. Distant memory. Return with us now to the thrilling days of yesteryear…

Who could forget the flight attendant safety talk? Cabin dark and filled with smoke? Simply follow the blinking lights as you crawl on the floor! Water landing? Your seat cushion is a “floatation device.” “Sudden loss of cabin pressure”? Oxygen masks pop out from the ceiling. Good times.

We all remember what the flight attendant (do not call her a stewardess!) told us to do with those masks, right? You put your own mask on first. Not grandma’s. Not the kids’. You first! Gee, that sounds rather selfish. Lookin’ out for ole Number One, eh? So self-centered!

Why take care of you first? Pretty obvious, isn’t it?

If you are unconscious and turning blue, you are not much good to anyone. You are a problem. Not a solution. You must take care of yourself before you can care for others. Including those you love. Neglect yourself and you become a burden. A nuisance. Or worse.

Big Problem Is Not When You Are Dead

Traditional estate planning is all about what happens after you die. Focused on the kids or beneficiaries. Who gets your leftover stuff? Who pays the bills? Can we stay out of probate court? Please. How do we clean up the mess now that you have crossed over the Great Divide?

You are smart to think about these things. An inheritance can be a blessing. Thanks, Mom & Dad! Good, solid death planning makes sense. Sadly. All too often. An inheritance is a curse.

Why let the kids or beneficiaries wonder about what you wanted?

Failing to plan is planning to fail. Confusion, uncertainty, conflict. Families fight and fall apart. Certainty, clarity, confidence. Families bond closer than ever. As Matthew wrote (5:37): “But let your ‘Yes’ be ‘Yes,’ and your ‘No,’ ‘No.’ For whatever is more than these is from the evil one.” Good estate planning advice!

You should plan for your death. Nobody wants to, naturally But death planning is a good and generous thing… a considerate gift to the next generation. On the other hand, what if you neglect your death plan? What is the worst that can happen?

Well. One way or another, your survivors will figure out what to do with your earthly remains. Cremation or Casket? In a Mausoleum or on the Mantel? Bagpipers or the Chippendale Dancers? Fancy Funeral Lunch or McDonald’s Gift Cards? Big Production or No Publicity?

Your leftover stuff… someone will get it. Maybe take years. Bitter battles. Maybe go quickly. Everybody happy. Who knows?

Aretha Franklin had about 80 million dollars when she died recently. And a woefully inadequate estate plan. Her sons are still squabbling. But you know, she is safely in the ground. Taxes, government, lawyers… all got more than their fair share. But her sons did get millions.

Your kids will figure out what to do with your Precious Moments, Hummels, and workshop tools. Takes longer. More expensive. Family feud. But sooner or later those loose ends will get wrapped up and life will go on… And you won’t be there to see it. Thank goodness.

Trouble Comes When You Are Still Alive

LifePlanning™ is all about you. Now. While you are still among the living. How could your continued life be a problem? You are the one who fixes things. Does the hard stuff. Big Trouble?

Right now, you are caring for yourself. Maybe caring for your spouse, too. Or another family member. You worked. You saved. You planned for your retirement. You did all the good things and you have not been disappointed. Until…

Federal government says that if you are 65 years old, you have a 70% chance of needing skilled long-term care services. As you get older, the chance of needing services goes up. Anybody surprised? They say you will need those services for about 3 years, on average. But a big chunk of us will need services for more than 5 years. See for yourself: www.longtermcare.gov.

By the way, this is why most folks die broke. Why don’t most families have to worry about inheritances? Nursing Home Poverty, that’s why. Most families are simply swamped by long-term care costs. Sell the cottage. Liquidate the savings. Cash in the CDs, mutual funds, IRAs, annuities. Quick, quick, quick. And it does not have to be that way.

America pays for long-term care through the Medicaid program. Simple as that. You have not saved enough to pay $30/hour for at-home care. How long can you pay $12,000/month for institutional skilled care? Or $10,000/month. Or $7500/month for assisted living memory care?

Sure, you can do it for a while. And then the savings are exhausted. So is your family. And then you get the “government solution:” Medicaid.

What if you plan ahead so that you get some payback on the tax dollars you have paid in? With every paycheck, every tax withholding, you have been paying in. And yet. If you were frugal, if you saved, if you paid your bills, if you honored your debts… you get nothing until you are flat, busted, broke.

What if you lived in debt? Always refinancing the house. Pulling every nickel of equity out to spend on whatever struck your fancy? You get credit card advertisements all the time. What if you took those cards and ran ‘em up? With no intention of ever paying? Do you know anyone doing such things? Of course you do. We all do. Maybe even in your own family.

The person who spends and spends and spends… without saving. Borrows and borrows and borrows… then defaults. Lives the high life. Always the new car or truck. Always on the razor’s edge. Well, our system rewards people like that. Long-term care for those folks is free. Right now. No problem. Right this way, your table’s waiting! But not for you…

For you… different story! You were foolish. Unwise. You worked and saved. You planned ahead. You said NO! to dependence. And when you or your loved one needs long-term care, now your security is sacrificed. You weren’t saving for your golden years, grandchildren’s tuition, that once-in-a-lifetime trip or cruise. Oh no. You were saving for long-term care. So that you could get the lowest level of care, go broke, and then get the government solution, Medicaid.

LifePlanning™ is not about getting any special deals. You will not game the system. You will not take unfair advantage. Let the grifters grift. That is not you.

LifePlanning™ is all about fundamental fairness. You don’t want a special deal, all you want is the same deal that guy is getting. Why does the system penalize people like you? Most folks just want a fair shake. But people like you get played for chumps. Sure you paid in. Just keep on paying. You thought maybe “they” were looking out for you? Nope. Look around. Smell the coffee.

What Can You Do?

LifePlanning™ keeps the American Dream alive. LifePlanning™ rejects Nursing Home Poverty. LifePlanning™ preserves your hard- earned dollars to serve your spouse, you, and the next generations. You earned it. You paid in. You did the right things.

And now they want you broke. Dispirited. Discredited. Dependent. Why do they want you a beggar? Because beggars are easier to please.

Must you go broke? Can you preserve what you have earned, protect what you value? Yes, you can. LifePlanning™ preserves your savings. LifePlanning™ does not create wealth, you did that. I know it wasn’t easy. LifePlanning™ makes the rules work for people who play by the rules. That is you.

Maybe thousands of LifePlanning™ Michigan families are wrong. Perhaps the thousands who have received long-term care benefits while preserving their life’s work are mistaken. It is possible that you just want to surrender. Give up. Wave the white flag. That is OK. Personal Choice.

Or maybe the hundreds of millions in homes, farms, and other assets protected by LifePlanning™ Michigan families will preserve and strengthen our middle-class values. For you. For the next generation.

Think about it? Not enough. Those who wish to tear down America are acting. So should you. Find out how. Ask questions. Get answers. LifePlanning™ Workshops are available on-line and in person. Don’t look back with regret. Face the future with hope and confidence.

Here’s how you start:

1. Call 1-800-317-2812.
2. Get the next LifePlanning™ Workshop.

Easy. See you there!

Back To School — Not Just for Kids Anymore

New Lessons To Learn

The Times They Are A-Changin’

It’s that time of year again. You have been here before. New school year beginning. First day of kindergarten. First grade. High school. Going off to college. New shoes, new clothes. Very familiar. Totally strange. Will your child or grandchild be heading to the classroom or to the bedroom? Kitchen table? Teaching with live instructors surrounded by friends and other students? Or alone through a computer screen?

Hasn’t the first day of school always been a challenge? Parents concerned about how their kids will do in new situations. Kids worried about friends, classes, sports, fitting in. And now COVID-19. Masks all day long. How is that going to work? You expect that getting the younger kids to wear masks would be tough. What about the teenagers? Especially when they discover that continuous masking irritates the skin. And that means? The most dreaded teenager plague of all: acne. Has anyone thought this through?

Normal things you don’t do anymore: baseball, weddings, cook-outs.

Hasn’t it been a strange summer? Normal things you don’t do anymore: baseball games, weddings, cook-outs. Weird things you now do all the time: wear a surgical mask, quarantine, obsessive handwashing. Fall football? Maybe in the spring, they say.

The Medicine that Dare Not Speak Its Name

The Henry Ford Health System studies a possible medicine to combat COVID-19. Henry Ford discovers good news. Henry Ford is not a bit player. They are big time. Henry Ford is a “major academic medical center with more than $100 million in annual research funding, [and] is involved in numerous COVID-19 trials with national and international partners.” www. HenryFord.com Smart guys.

What did Henry Ford find? Only that use of this mystery drug cuts the COVID death rate in half. And it’s well-understood, generic, cheap, and widely available, with minimal side effects. Not unexpected for a drug that has been used worldwide by millions for over 75 years. Front page news? Medical Miracle? Game Changer? Nope. The wrong politician said it might be useful. So… political correctness hides the medicine that dare not speak its name. And lots of unnecessary deaths? Find out for yourself, it is easy. www.henryford.com/news/2020/07/ hydro-treatment-study

Strange times.

Founded on the Rock or Building on Sand?

Doctors finding remedies for deadly diseases are ignored. Are you okay with that? Rioters stop firefighters from fighting fires. Nodding in approval? Police officers are overrun with riots and looting. Feeling good? Courts and judges release accused criminals to commit more crime. Smiling yet?

Maybe we all need to go back to school. To relearn what we have always known.

Work hard. Save for a rainy day. Pay it forward. Lend a hand. Play by the rules. Help the unfortunate. Worship as you will. Keep an open mind. Do unto others as you would have them do unto you. Rules we have lived by. Ideas that built our nation. Your life of commitment to these simple but profound ideals has provided more prosperity for more people than at any other time in history. Living these bedrock truths is the strongest foundation for the future.

The simple fact is that America is getting older.

Middle Class Must Succeed

Who works harder than middle class folks? Who saves more? Who pays more taxes? Who volunteers more? When the going gets tough, who do they expect to help?

But if you’re like me, you’re not here to complain, but make things better. What should regular, middle class Americans, workers and retirees, do in times like these? Same thing as ever. Dig deeper. Try harder. And that starts at home. With you. Single or married. Kids or no kids.

The simple fact is that America is getting older: every day another 12,000 Baby Boomers turn 60, 65, 70. The “Greatest Generation” is in its 70s, 80s, and 90s. Poisonous rhetoric and slanted commentary about the “Me Generation” and the supposed self-centeredness of the Boomers are poisonously wrong. The truth is that 75% of Baby Boomers are right now caring for parents, have already done so, or expect to.

If your husband or wife is caring for you, almost half of the time your spouse will die first. And many more will die shortly after you do. Much sooner than expected. Skilled nursing home care, according to the State of Michigan, costs almost $9000 every month for the most basic care.

At this moment in history, America needs your example of middle-class success. Too many unfortunate young people have become disillusioned and hopeless, led astray by angry rhetoric and disinformation. LifePlanning™ embodies middle-class American values. We all win, one person, one family at a time.

Learning the Wrong Lesson

A terrible lesson has been accepted and taught by most planners and attorneys. Spend it down. Spend it all. You are not in control. You cannot choose. Your values are wrong. Nothing can be done. It is a counsel of despair.

But it does not have to be that way. The LifePlan™ approach keeps you in charge. Your life savings protected. Your life choices respected.

As with so many other things, though, the burden falls hardest on those who have worked and contributed the most.

Medicaid is the way America pays for long term care. As with so many other things, though, the burden falls hardest on those who have worked and contributed the most. No savings? No problem! Live life on a credit card? Medicaid is there for you. Work hard and save? Be frugal? Debt was dumb and savings were smart? Do the right things? Medicaid will not help until poverty. Until all your life’s efforts are wiped away.

But if you plan you can: Keep savings. Provide for loved ones. Receive at-home care. Participate in choosing a care facility if necessary. And still pay it forward.

You keep the cottage, the rental, the hunting land, your lifesavings.

Emergency Rules Mean Middle Class Safety

With COVID-19 expansion, you keep the cottage, the rental property, the hunting cabin, your lifesavings. And still get comprehensive, at-home care. You think it is too good to be true.

Dozens of other families thought so too. But they made the call. Folks just like you, except they picked up the phone. No co-pays, donut holes, or out of pocket expenses. Keep your income. Too good to be true! Not this time.

Elementary Education

1. Program of All-inclusive Care for the Elderly is PACE. You paid for PACE through your tax dollars. You stay at home through PACE goods and services. No nursing home or assisted living, until that is what you need.
2. COVID-19 puts extraordinary demand on long-term care facilities. Care at home does not.
3. Expansion of eligibility under COVID-19 means thousands more qualify.
4. Facts are free.
5. PACE means: Life Savings Protected. Life Choices Respected.
6. PACE is available now. No waiting list. Do you think that will be true next month? Into the fall and winter? Is there a better time to act?
7. PACE is not for everybody. But if it is for you and your loved one, it is a Godsend.

Core Curriculum

1. Over 55.
2. Medical Need. (We will help you determine).
3. Income Limits: If married, may adjust.
4. “Safe at home,” with assistance.

Many other families are already taking advantage of these new rules. Why not you? The call is free, the information is free, the results can be priceless.

CALL THE PACE HOTLINE 1-800-317-2812

Spanning The Globe To Bring You The Constant Variety Of Snafu

Wide Wide World Of Shorts (Short Answers!)
The Thrill Of Legacy, The Agony Of Probate

Note: These Questions Are From Real People. Unedited. The Glitchy Grammar, Strange Spellings, Problematic Punctuation And Other Offenses Against Literacy Appear In The Original Questions. Unedited.

My mother is in a nursing home, she is now almost out of money and we will be applying for medicaid soon. while we are working to get medicaid. and while the cash is gone, can the nursing home kick mom out for non payment?

second question. medicaid is looking at moms money from present to 5 years back. about 6or 8 years ago an account was open in my nieces name. my mom is the second name on this account, can they also take this money?

—Koncerned Kid

Dear Koncerned: Question #1: Once the Medicaid application is complete, with all 300 pages of attachments, Medicaid still has 45 days to respond. And it is often much longer. No surprise to the nursing home. No big deal. They will wait. A skilled nursing facility is much like a hospital when it comes to pay and refusing services. Government requires that the hospital and the home MUST provide services. Even if they do not get paid. Sure, there is a “kick mom out” procedure if she does not pay. But “involuntary separation” is complex and difficult for the home. And they always lose. So the nursing homes hardly ever bother. The Result: HUGE bad debts that will never be paid. HERE’S A THOUGHT: Ever wonder why nursing homes and hospitals are so expensive for us middle class folks? Gee… Maybe all the “free” services have something to do with why nursing homes cost $400 per day and a hospital aspirin is $12? [Who’s up for “free” college?]

Question #2: If mom’s name is on an account, caseworkers figure mom must own the money. Not true, of course, but that is how they think. If you can prove that the money came from the niece (or other person on the account)… hurrah! If not, too bad, so sad.

The absolute worst is when mom, dad, son, daughter, niece, nephew, butcher, baker, candlestick maker all put their social security, pension, IRA distribution, paycheck and everything else into the same account. And then pay the bills. Good luck, Chuck! Now Medicaid counts the same money against different folks. Nightmare! Do not put all the money together. Keep it separate.

Can I stop the sale of a house?

Rough situation: Grandmother is dead, Grandfather has pretty far along Alzheimer’s disease.

Aunt, who has power of attorney is trying to sell the house to a neighbor, and wants to tell the neighbor if any of us are interested so that they “know they have competition” somthing that will likely drive the price unreasonably high. Is their any legal mechanism to injunct the sale of the house to allow those of us, including myself in the family who are interested in purchasing it for fair market value to do so before it goes to the market?

—Sale Stopper

Dear Stopper: Medicaid absolutely requires that Aunt sell the house for fair market value. If she fails, Medicaid will hit Grandfather with a penalty period. “So what the heck is ‘fair market value’?” I hear you say. Well, there are many definitions.

My favorite says: Fair Market Value is the price that would be paid by a willing Buyer and a willing Seller with knowledge of all relevant facts.

You may not like that the housing market seems overheated. It sure seems that way to me! Time and again, several buyers will make multiple offers on a single property… and ALL of them higher than the listing price! But that simply IS the market.

The State says different. Every year you get a tax statement on your house with an assessment. By the state Constitution, that assessment (the “SEV”) is supposed to be one-half of your home’s Actual Cash Value. Everybody knows that is just bunk. You would never sell your house for twice the SEV. And neither will anyone else.

So there is only one way to find out what the Fair Market Value actually is. Put it on the market. Find out what other people would pay for the house. Simple as that.

ANSWER TO THE QUESTION YOU DID NOT ASK: Should we sell the homestead, when Grandfather is likely to need Medicaid? No! What Einstein came up with THAT idea? Oh… It was in a video on the Internet… Please tell me you are not falling for that! Er, uh, I mean… Selling the homestead is more than likely an ill-advised course of action. Harumph.

Sell homestead. Spend money for services Medicaid would pay for. Huh? It is possible, however unlikely, that this is a great idea, a brilliant strategy. But I doubt it. Consider that the homestead is a store of value. Leverage it to provide additional services to Grandfather while he is on Medicaid. Call me and I will happily explain in more detail.

What are the tax consequences of caring for my parents (both in hospice) and accepting funds from them from their ssi and saving

My brother and his wife now care for our parents in there home. They have health care poa, I have financial poa. I have agreed to pay them from my parents ssi and savings $10000 per month for the services. They are not trained care givers. I am concerned about tax consequences both employment as payee and as income for my brother.

—Care Medicaid Taxes

Dear CMT: Tax Question You Asked: Any money you pay to brother or his wife to provide services for mom and dad will be taxable income. Brother and Wife will have to pay federal, state, local income taxes. Plus federal self-employment tax. Did I mention Workers’ Compensation and Unemployment Taxes? And now that we have COVID, there’s a whole new raft of requirements. See IRS Publication 926, Household Employer’s Tax Guide. Enjoy! https://www.irs.gov/pub/irs-pdf/p926.pdf

Depending on how you set it up, these burdens will descend on your brother and sister-in-law and/or on your mom and dad. Yes. It is a nightmare.

Medicaid Question You Did Not Ask: Congratulations! You jumped through all the tax hoops necessary to hire family members! Paid all the additional costs. Filed all the paperwork. Now you are an expert! But what about Medicaid?

Unfortunately, even though you already complied with a telephone book’s worth of rules and regulations, you are not done yet. You must submit to Medicaid. If you do not, every nickel legitimately paid for services will be treated as a Medicaid gift. You read that right: Does not matter that you paid taxes, insurance, etc. All those dollars are a gift in the eyes of Medicaid.

Funny thing about the Medicaid rules for paying family members. I do not believe it is possible to comply with them. At least I have never seen anyone comply with these rules. And I believe that is on purpose. Medicaid does not like folks paying family members for care. That was a policy decision made years ago. And we are living with it today.

P.S. There is a Medicaid program of limited scope that will pay family members to be caregivers. But family members cannot pay family members without creating a penalty period. Generally speaking.

Can a person make you sell your primary residence that was left in a will to 2 unrelated people?

My mom’s husband died and left the home equally to her and to his grandson. This has been her primary residence for 25 years. The grandson is trying to make her sell it and move. But she wants to refinance buy him out. But he doesn’t want to do that.

How Sharper Than A Serpent’s Tooth,
An Ungrateful Grandchild!

Dear Sharper: Can Greedy Grandchild evict Sainted Spouse? Maybe. (Don’t you hate that word?) Depends. (Another hateful word!) But in every legal matter, the actual words matter.

Maybe the Will is painfully simple. Let’s say the Will only states that the remaining property is divided between Surviving Sainted Spouse and Grasping Greedy Grandchild. Nice and simple, right? Thank goodness those lawyers did not make it all confusing and hard to understand.

Well, the simple truth is that now GGGrandchild can get the Probate Court to evict SSSpouse. And then sell the property. And then divide the money. Whoops! Where is SSSpouse supposed to live now? Did Old Grand-dad intend to throw his beloved to the wolves? Kick her to the corner?

Maybe the Will is a little more complex. What if the Will states that SSSpouse and GGGrandchild are joint tenants with rights of survivorship. Whoops Again! GGGrandchild cannot evict his step-grandmother (if there is such a thing), but he can now move into the homestead. With his Great Dane. And all his biker-gang friends. Old Grand-dad has a lot to answer for!

Perhaps the Will excludes Grasping Greedy Grandchild by giving Surviving Sainted Spouse an exclusive life estate. She alone can live in the homestead. Until she dies. But then she goes to a long-term care facility. And for the next 10 years, until she passes, no one lives in or uses the homestead. Except a few lonely raccoons. And a bat or two. Whoops yet Again! Because no-one is paying the taxes, the city takes the house. Because no one is living there, it becomes a crack house. Because no one is paying the insurance, it burns to the ground.

On the other hand, Old Grand-dad was a sharp old bird, a crafty codger was he. He put together a LifePlan™. No worries with long term care. At-home care. Assisted Living. Skilled Nursing. No problem!

Yes, there are more words in a LifePlan™. Some folks find it confusing. Truth! But now the results are tailored to the need.

The LifePlan™ provides a Residence Trust for the Surviving Sainted Spouse. She lives there as long as she maintains the property. Pays the taxes. Buys the insurance. What if she needs skilled care at a nursing home or assisted living facility? Now the house can be sold. The cash proceeds are held in trust to supplement the Medicaid benefits she receives. And GGGrandchild? He gets his share. Sooner, rather than later. When all the needs have been met.

It does take work to get it right. Albert Einstein supposedly said. “Things should be as simple as possible. But not more simple.” So it is with your LifePlan™. It is as simple as possible. While being as secure as possible.

Life-Plan™ Salvation For The Middle-Class

The rich do not need me. The poor I cannot directly help. That leaves you. Regular folks. The middle-class savers, workers, builders are the ones who benefit from LifePlanning™. You choose the path of reasonable optimism, while guarding against the potential downsides. Hope for the Best, Plan for the Worst.

The LifePlan™ approach is the least expensive, most effective solution to the harsh reality of long-term care. Open your eyes to long-term care costs. Accept reality. Refuse to allow your lifesavings evaporate like a snowflake on a hot griddle. Recognize the reality of the caregiver spouse dying first, almost half the time and fix it. Reject nursing home poverty.

Not Chance, Your Choice
Uncover The Elephant!

There is nothing inevitable about nursing home poverty. Peace of mind and security are waiting for you. Right now. It is a choice. Despite what “everybody else” says. Despite their attempts to disguise the elephants in the room. For over thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?” “My lawyer/financial advisor/brother-in-law/accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

No Poverty. No Charity. No Waste.
It is not chance. It is choice. Your choice.
Get Information Now.

(800) 317-2812

Medicaid Penalty Period Explained | Your Letters, Your Questions…

(Note: Not Legal Advice!)

“What can I do to protect a property transferred via quit claim deed 2 years prior to entering assisted living from Medicaid?”

Two years ago, my father transferred a family property… to me via quitclaim deed. Currently no one resides there. He may be entering assisted living and it’s my understanding Medicaid can seize property within five years of transfer for estate recovery… Are there any steps that I can take prior to him entering assisted living to protect the house? He does currently own a… primary residence.

The Answer Is: It is complicated, but there are things you can do.

Divestment Definition & Dilemma

Dad deeding the “family property” to you was “divestment.” Divestment is the “transfer of a resource for less than fair market value.” Dad must report all divestments that were made within 60 months (that’s 5 years) before applying for Medicaid. If Dad gave stuff away in the 60 months before applying for Medicaid, Medicaid will impose a Penalty Period.

Penalty Period Pain

Here is how the Penalty Period works. Medicaid says that for every $9000 Dad gave away, Medicaid imposes a one-month penalty. In other words, Medicaid will not pay for Dad’s long-term care for a month for each $9000 Dad gave away. The Penalty Period, however, does not begin until Dad is broke and in long-term care.

What It All Means

If the “family property” that Dad gave you is worth $90,000, the Penalty Period will be 10 months long. The 10 months begins when Dad has no more money ($2000) AND Dad is in long-term care. Medicaid will not pay Dad’s bill. Dad has the Homestead, but no money. The bill does not get paid.

Nursing Homes do not like to not getting paid. Nursing Homes sue people who do not pay them. Nursing Home sues Dad. Dad sells Homestead. Now Dad has cash to pay the nursing home bill.

Dad spends all his cash. Now Dad has no money. But Dad still has a PENALTY PERIOD! Medicaid still will not pay. Nursing Home still does not like to not get paid. Nursing Home sues Dad again. Now Dad has nothing.

Nursing Home sues you. If Dad had not given the “family property” to you, Dad could have sold it to pay his bill. Giving the property to you is called a “fraudulent transfer.” Ugly name, ugly result. You sell the property and turn the cash over to the nursing home.

When this cash runs out… Dad still has a Penalty Period! But too bad, so sad for the nursing home now, because Dad has been drained dry.

Let’s rewind the clock…

Solution #1: PACE TO THE RESCUE

Dad is still at home. Situation is not yet desperate. Is it possible for Dad to remain at home, if he received a certain amount of care?

Program of All-inclusive Care for the Elderly (“PACE”) might be the solution. PACE is Medicaid. PACE is administered by private organizations that manage the government/Medicaid dollars to keep your loved one at home. PACE does not provide 24/7/365 round-the-clock nursing care. But PACE enables thousands of folks to stay at home. Folks who would otherwise be in skilled nursing or assisted living.

REALLY GOOD NEWS ABOUT PACE: Right now, until further notice, PACE does not care about divestments. There is no Penalty Period. Dad keeps the Homestead. You keep the “family property.” Nursing Home gets paid by Medicaid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Solution #2: PAY THROUGH THE PENALTY PERIOD

This gets a bit complicated. Medicaid pays when Dad has no money. Medicaid says that income is not money. Medicaid says that certain payments received from certain annuities is income.

Dad still has a 10-month Penalty Period. But what if Dad has some cash? Like $90,000 of cash? Now he can pay for 10 months. But if he has cash, then he is not broke. If he is not broke, the Penalty Period does not begin.

We put the cash into the certain kind of annuity. That pays a certain amount in a certain way. When we do this, Dad is broke. Dad has no money. But Dad does have enough INCOME to pay the Nursing Home through the Penalty Period. At the end of the 10- month Penalty Period, the annuity is empty. And there is no more Penalty Period.
You keep the “family property”. Dad keeps his Homestead. Nursing Home gets paid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

SOLUTION #3: LIST THE FAMILY PROPERTY FOR SALE
I just spent an hour and a half trying to write up this strategy in a way that does not lead to total confusion. I cannot do it. Suffice to say that there is a third strategy. The third way does work. I am happy to explain it in person. But I cannot make it fit on this page.

Call me! I will explain it. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Simple Solutions To Complex Conundrums

Everybody wants a simple solution. So, do I. But that’s not always possible. The bad news is that we cannot make this stuff easy. The good news is that we can make it easy for you.

You Choose!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP OR ATTEND A LIVE WEBINAR FROM HOME…
(800) 317-2812

An Estate Planning Story: Failure To Plan Is Planning To Fail

Seventeen years ago

Springtime in Michigan. Sunny, warm breezes, promise of summer. But a cold winter for Lansing Car Assembly. For 120 years, the factory churned out REO Speedwagons, tank cannons, aircraft machineguns, millions of artillery shells, muscle cars, and the last Oldsmobile convertible. GM’s most efficient plant. But the last Olds, a sporty Alero, drove off the line on April 29, 2004. It was over.

Fred and Barney walked away. Friends since their Lansing Technical High School days. They hired into the plant soon after graduation in the 60’s. Married to Wilma and Betty, Lansing Central girls they met at a Junior ROTC dance. The girls joined the steno pool soon after the boys went to work.

Many years later, the two men retired from the plant Ransom E. Olds founded so long ago. Pure Michigan. These older gentlemen were very much alike. Team players. They got the job done. Both had better-than-average careers. Personable, well-respected, and secure. Revered members of their church. Paid-for home in a nice neighborhood: $175,000. Savings of $200,000 from the days before 401(k) plans. Life insurance: $75,000. No debt. Conservative investments. Three kids. Three grandchildren. No bad habits (except spoiling the grandkids).

As new retirees so often are, both were filled with dreams for the future. Time to spend more time with the important people. Wives, kids, grandchildren. Tinkering in the shop. Volunteering at church. Traveling. Enjoying the retirement freedom and security they worked for, looked forward to, earned.

Last week. Still the same…

Every year, when the weather begins to turn, Fred and Barney return to visit. Nothing to see, really. Just memories.

They were still very much alike. Both healthy. Still devoted to their wives. Not all marriages thrive for fifty years. Both primary caregivers for their high school sweethearts. At home. Sadly, just a few short years into retirement, Wilma and Betty were stricken with Alzheimer’s.

But there are enormous differences.

Barney struggles to make ends meet. Living in subsidized senior housing. “On duty” 24 hours per day until his health broke. Exhausted. Retirement savings, Life insurance, Comfortable home – all gone. Betty went to memory care first. Now, the nursing home. Bank account emptied, retirement benefits cut, Barney needs every penny of social security.

Fred recently hosted his favorite (his only!) granddaughter’s wedding. “Uncle” Barney was an honored guest. Nothing high society, but really nice. One hundred and twenty close family and friends. Life savings intact. Independent, secure. Yes, he is Wilma’s primary caregiver. But she still lives at their home. And he has plenty of help.

Fred’s superpower is the Program of All-inclusive Care for the Elderly (PACE). PACE is the Medicaid program that provides services at home. No worries. COVID emergency rules let him keep the home, workshop, life savings.

Why Is One Desperate And The Other Secure?

Have you ever wondered, as I have, what makes this kind of difference in a person’s life? It does not seem to be natural intelligence or talent or dedication. I do not believe that Fred wants security, and that Barney does not.

Doesn’t the difference lie in what each person knows and how he or she uses that knowledge?

Every week we offer LifePlan™ Workshops and Webinars. Each week you are given a precious opportunity. You can say “Yes.” Yes to planning, security, choice. Middle class folks do not have to go broke. But traditional estate planning is broken. And that is the difference.

What is knowledge without action?

Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and Determination alone are omnipotent. The slogan “Press On” has solved and will always solve the problems of the human race.

Calvin Coolidge

Years ago, Fred and Wilma invited Barney and Betty to join them at a LifePlan™ Workshop. Barney and Betty were too busy. Fred and Wilma made the time. Learned the lessons. Established their LifePlan™. It cost money. And effort. But Fred and Wilma (to be honest, it was mostly Wilma) persisted. And those law firm people made sure Fred and Wilma understood every step along the way.

When Alzheimer’s struck Wilma, Fred was ready. Health Care documents: Patient Advocate, Advance Directive, HIPPA releases. Even a funeral representative paper. Locked and loaded. Financial documents: Pantry Trust, Protection Trust, Financial Power of Attorney, Assignments, Deeds. Fort Knox safety.

Trusted professionals who do not charge by the hour. Everything quoted in advance. Friendly, reliable paralegals and attorneys. They sure seem willing to help. They say, “Always a free phone call. Always a free visit.” Maybe it is all just an act! But it is a pretty convincing act. Over all these years. And they have been darn helpful. Like with that wedding planner’s contract… Maybe they mean it…

“Freedom’s just another word for nothin’ left to lose” — Janis Joplin

Barney and Betty’s son-in-law told them about free fill-in-the-blank estate planning forms and cheap on-line services. A dedicated helpful son-in-law, he even printed them out on his own computer.
Free!

Free. Except for the $200,000 of life savings. Free. Except the $175,000 home. Free. Except the $75,000 life insurance. Yes. Free. Except for a lifetime’s worth of work and savings. Free. Except for that.
Maybe Janis was right. The most expensive things in the world are “free”.

LifePlanning™ works for you, your loved ones, your greater circle of friends. Have you heard about PACE or the new COVID emergency rules anywhere else?

Heartfelt Thanks To Geraldine T. Richardson – Special Contributor

I wish to recognize Geraldine T. Richardson (not to be confused with the other Geraldine Richardson who is a fine person but has no middle initial) for her inspiration. Geraldine has personally experienced, in her own family, the difference LifePlanning™ can make. I think it is fair to say that she is a little frustrated that more folks do not take advantage of these opportunities. (Hey, I’m doing the best I can!) When I asked Geraldine what more we could do, she said “Tell them, David! Tell them!” “How?” I replied. “Tell them about real families! But change the names…”

Call The Lifeplan™ Hotline Today at (800) 317-2812

Mail Call: Answers To Your Estate Planning Questions

(Not Edited For Spelling Or Punctuation) (Note: Not Legal Advice!)

Long answers are boring, short punchy answers are fun! Time for some fun…

LETTER #1

How should I word a letter to say I withdraw specific grants of authority on a POA?

I am primary agent on my father’s POA, but need to produce a letter that says I will not act as agent with respect to obtaining financial assistance from or communicating with Medicaid. Is that wording correct? Do I have to title it as an affidavit?

The Answer Is: “With Great Power Comes Great Responsibility”

Do Not Do This Bad, Awful, Evil Thing

Point #1 This is total BULL. You have been given the great power to make your father’s remaining life a life worth living. You are being asked to throw away that power, to sacrifice your father’s well-being.
Your father granted you authority to make decisions on his behalf. You accepted that responsibility. You have a duty to your father to exercise the authority you have been given in your father’s best interest. Your father’s best interest. Not the interest of somebody who wants to take advantage of your father.

Point #2 Who is asking for this? Who says you “need to produce a letter”? No reputable care facility would ask for this. No one who cares about your father would ask for this. There is no GOOD reason for anyone would ask for you to give up your father’s entitlement to federal health care benefits. There are lots of BAD reasons, though.

Point #3 Middle-class America already won this fight. Back in the day (as the kids say)(or used to say)(or never said but I thought they did)… When I first started doing this stuff, 31 years ago, it was not uncommon to see demands like this in long-term care contracts. The State of Ohio even prohibited Medicaid recipients from speaking with attorneys about their benefits. All blatantly wrong. All clearly illegal. Federal law is clear: no one can require you to give up your federal health care benefits. And that means you cannot give up your father’s federal health care benefits. You do not “need” to produce any such letter. Whoever asked for the letter was probably breaking federal law.

Point #4 Medicaid simply is the way America pays for long-term care.

  • Folks spend themselves into nursing home poverty.
  • Savings exhausted, farm sold, cottage gone, destitute.
  • Apply for Medicaid.
  • Get base level of care, paid by Medicaid.

Point #5 Middle-class savers can obtain Medicaid benefits in full compliance with state and federal law without going broke. Your savings can supplement Medicaid so that you receive the highest level of care, tailored to your unique needs.

Point #6. Private Pay Rates are about 50% higher than Medicaid rates for the same services. Reality Check: Look at your last medical or hospital bill. Do you think the hospital is paying $12 per aspirin?

Conclusion: Do not betray your father. Dear old Dad trusted you to act in his best interest. Accept the great responsibility that comes with great power. Make his remaining time on this planet the best time of his life.

LETTER #2

My husband’s step grandmother died in August. Her son (not our blood relative obviously) contacted us as the executor.?

He told us that he is distributing the proceeds of her estate and that he is sending us a check, even though we are not named as beneficiaries. My mother-in-law is livid (she has a number of mental and health issues) she cares for her disabled brother (both are beneficiaries) he is concerned she is not adequately caring for her brother. She is demanding that we not accept the check. What should we do here??

The Answer Is: Only Santa Claus Can Give Things Away for Free

You know you are not a beneficiary. If the money you are receiving was supposed to go to other people, that is a problem.

Point #1 Most folks do not leave money to grandchildren. And it is even more unusual to include step-grandchildren. As you observe, your husband is not a relative or named beneficiary. It is hard to see that he has any entitlement to a distribution.

Point #2 Your mother-in-law and her disabled brother appear to be children of the deceased step-grandmother. They are legitimate beneficiaries.

Point #3 If somebody is giving away your inheritance, you are justified in getting hot under the collar. BONUS POINTS: Extra aggravation if your disabled brother’s inheritance is being given away. Especially when you are caring for said disabled brother.

Point #4 Proper estate distribution is up to the personal representative (aka executor). Unless you acted improperly, distribution problems are on the executor-brother.

Head-scratcher: What the hell is going on here? See Point #1. This is strange.

Possibility #1: The executor-step-uncle is giving a portion of the executor-step-uncle’s own share to your husband. If so, no problem.

Possibility #2 The executor-step-uncle is making an unauthorized distribution of the estate. If so, the Probate Court could order your husband to disgorge the money. Also, executor-step-uncle is in deep doo-doo.

Conclusion: “Livid” mothers-in-law with “a number of mental and health issues” are not always wrong. Find out whether executor-step-uncle has any legal basis to make the distribution. If no legal basis can be determined by your own lawyer, do not take the money. Better safe than sorry.

LETTER #3

Can an executrix of a will evict a sibling who is also a beneficiary and has lived in the house for 40 years?

My ex-husband has been unable to work for the past 10 years in order to take care of his 99-year-old dad. He passed late last year. His sister took her dad to a lawyer when he was about 90 to create a will. 70% her/30% him. Ex-husband has lived in the very modest home for 40 years. He has no means to start over.

She is the owner of 2 homes and made enough money to retire at 59 (probably not relevant).

The Answer Is: Yes.

Point #1 Father opened his home to son for 30 years before father needed son’s help. Perhaps that helps explain the 70/30 split. Maybe sister isn’t such a “rhymes with witch” after all…

Point #2 Nowadays it is not so unusual to have the holdover tenant child. The kid moves home for a week. Or two. Or THIRTY YEARS! How is it that the kid could not save an apartment rental deposit in thirty years of working plus ten more years of not working and living off dad’s social security and pension. Jeepers!!

Point #3 Eviction is the remedy. In my experience, the “Irish Bachelor” son or daughter has no intention of going soft into that good night of leases, mortgages, rent and maintenance. EEEK! Responsibility! Oh no! Oysters have less attachment to their shells. Frequently the other siblings let “Timmy” stay in the house after the funeral. “For a little while.” Five years later somebody wakes up to the fact that Timmy ain’t goin’ nowhere! Far from being grateful, Timmy is angry that anyone has figured it out…

Point #4 The COVID moratorium on evictions is still in effect. That means you cannot legally evict Timmy. Serve him with the eviction papers anyway. You could try reasoning with Timmy. It will not do any good. At least you can get your ducks in a row for the moment evictions are once more possible.

Point #5 If dad had put Timmy on the deed, you could never get him out. So do not put your kids on deeds.

Point #6 A parent can give a caregiver child the house without screwing up their own Medicaid. The key is that the child has to reside with the parent and provide two (2) years of care services that keep the parent out of the nursing home.

Conclusion: There are dangers and opportunities when a child moves home. Mostly dangers. Consult with your friendly, neighborhood elder law attorney to avoid the mistakes and maximize the advantages.

YOU CHOOSE!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

The Middle Class Is Broke Because Estate Planning Is Broken

How The Rich Do Long-Term Care

Spoke with a smart person last week. She works for a gigantic financial services company. You know the name. The company is excellent. She is excellent. Her team’s job is to look out for about 150 families. “Wealth Management.” They are good at it. Her families do not go broke.

I was curious… “How do you deal with long term care?”

“A cornerstone of our work, of course. You cannot ignore it.” She said.

“But how do you do it?” I persisted.

I was disappointed in her reply. She talked about “asset allocation.” Used the same words and phrases I had heard from other financial professionals. Stuff I have seen fail over and over again. Very disappointing. Burst my bubble. No insight here. And she had seemed so perceptive. But it was the same old, same old. Recycled stuff. Your own financial advisor gave you the same advice. Put so much over here, so much over there. Et cetera.

“That’s all well and good,” I said, “But don’t your folks go broke?”

She laughed. “No, never.”

“Never? I find that hard to believe. Long-term care is expensive.”

“Yes, it is,” she agreed. “But fifty million dollars is quite a bit of money.”

Demonstrating my keen intelligence, I replied, “Huh?”

“Well, our minimum is fifty million of investable assets…”

And then the lightbulb moment…

“Ohhh!”

How the rich do long-term care. From their (minimum) fifty million, their team of professional investors allocates a few million to long-term care issues. Problem solved. For them. Unfortunately, that is what your financial advisor is doing for you. That is why your family faces nursing home poverty.

We Are Not The Rich. Their Solutions Do Not Work For Us

Let me tell you about the very rich. They are different from you and me. [U]nless you were born rich, it is very difficult to understand.

—F. Scott Fitzgerald

Why aren’t your advisors looking out for you? Why all the parrot talk about asset allocation, hybrid insurance products, investment strategies? Why the outright denial and plain avoidance? Why won’t they level with you?

Maybe they do not know any better. Maybe they think that the same strategies that work for the wealthy will work for the middle class. Maybe they are doing the best that they can. Maybe they cannot help it.

Consider the possibility that your advisor learned “best practices” from a “wealth management” guru. Your advisor’s teacher excelled at preserving and growing “old money.” Your advisor was inspired by someone who hobnobs with wealthy folk day-in and day-out. The result: Your advisor may know how to deal with rich people. But what does that have to do with you?
Exactly nothing. According to Ernest Hemingway, the rich are different than you and me. “Yes, they have more money.” Planning for $50,000,000 is not like planning for $500,000. How is that not obvious?

Broken: How The Middle-Class Does Long-Term Care

You spend. And spend. And keep on spending. $12,000 each month for skilled care. $6-7500 each month for assisted living. $25 each hour for companion care at home. More if you want a certified nursing assistant or nurse. Asset allocation? Hardee-har-har.

And then you are broke. Medicaid to the rescue!

Your estate plan is meaningless. Your financial plan is out the window. Your lifetime of work and savings has evaporated. Middle class planning that fails is broken. Let us be honest.

What if we faced the fact that you are not the Great Gatsby? That you do not have a couple million to allocate to long-term care? That long-term care for middle class people like us means Medicaid? Sooner or later, Medicaid will be the solution. Four out of five people in skilled nursing facilities are on Medicaid. 80%. That is reality. Thousands of families receive at-home care through Medicaid. That is also reality.

Fix It: The Middle-Class Can Win Long-Term Care

Recognize that long-term care is a reality for the vast majority. Two-thirds of women, half of men are eventually institutionalized. Accept that Medicaid is the way America pays for long term care.

Anticipate. Plan to preserve your lifesavings. For yourself. For your spouse. For the next generation. The world needs you and your values. Dying in poverty is no way to demonstrate success.

There are 3 goals of LifePlanning™
#1 No Poverty. You will not go broke. Your choices will matter. Your family will succeed.
#2 No Handouts. You have paid into the system with every paycheck, every IRA Required Minimum Distribution, every tax payment. You are not looking for charity or a free ride. Only a bit of fairness.
#3 No Waste. Your hard-earned savings will not be wasted on probate. Will not be thrown out the window. Will not be intercepted by predators or creditors. Your legacy will be of life well-lived. And support for the next generation.

There is no problem with rich folks being rich or planning that takes account of wealth. Good for them.

There is a big problem with advisors giving the same advice to middle class workers and savers that they give to those rich folks. Do not fall into this trap. Learn how. It is super easy. Barely an inconvenience. On your schedule. In the comfort and safety of your own home. In the comfort and safety of one of our workshop rooms. In the comfort and safety of wherever you find comfort and safety.

Sending Just Money To The Next Generation – Easy. Worthless.
Sending Money With Values To The Next Generation – Difficult. Priceless.

Sixty minutes to personal control. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours? Transmit your values along with your stuff.

Got Questions? Get Answers! (800) 317-2812

Reverse Mortgage, Real Estate, and Medicaid

Answers to your questions
Note: Not Legal Advice!

Can I sell my Mother’s house as successor trustee of her trust. After she gets approved for Medicaid? My mother has dementia and I’ve been successor trustee for years. Her house is in a reverse mortgage and the only item in her trust. I will need to sell it, but how will that affect her Medicaid? Can I move the profits into an acct for her medical needs? A sitter or companion at the facility? After her death I’ll disburse what’s left to her heirs? Or will I have to sign the profits to [Medicaid] at sale?

You Must Sell The House… Or Be Foreclosed!

If Mother is out of the house for twelve (12) consecutive months the Reverse Mortgage Lender can foreclose and force a sale. Special COVID rules now delay foreclosure. And since COVID rules mutate faster than a foreign virus, call us for the latest updates. Or. You can sell the house and repay the Reverse Mortgage Lender. How much do you have to repay? Whichever is less of: 95% of the appraised value or whatever is owed on the reverse mortgage. You keep the leftover money. And since you only have to repay 95% of the appraised value, there will likely be leftovers. Which brings up another issue:

The Problem What To Do With The Leftover Money?

You must report the sale of Mother’s homestead. You have ten (10) days from the closing. Then you must tell Medicaid that the exempt homestead is gone. And that Mother has more money. More money than the $2000 Medicaid lets her keep! So next month, Mother’s Medicaid will end. And Mother will have to spend the homestead money until it is all gone. And then Mother may reapply for Medicaid. New Development: January 2021 spend-down rules prohibit Mother (or you) from spending this money to buy furniture or household goods.

Some Solutions And Strategies

NOTE #1: Your question involves reverse mortgage. However. These strategies can be used by any family considering homestead sale.

NOTE #2: Death is a factor in solving this situation. Money is another factor. Is that harsh or just clear-eyed planning? It seems insensitive to say that “Death is a Planning Opportunity”. Or to be concerned about money when a loved one is in need or dying. But going broke by ignoring reality? That’s worse than harsh or insensitive. Ignoring reality is stupid. And you cannot fix stupid. Let us remember: “Money is Choices.” Folks on Medicaid with money can pay for a private room. Or laundry service. Or a Certified Nursing Assistant. Your money that you earned can improve your quality of life in long term care. That is just the fact. And who knows? There might even be a few bucks left for the kids.

Easy, Easy, Easy! The Pooled Trust

1. Sell the house. Right now. As soon as you empty it of family heirlooms, keepsakes, bric-a-brac and your 3rd grade art projects that Mother has kept all these years.
2. Use a Charitable Pooled Trust.
-a. Deposit the sales proceeds in a pooled trust.
-b. A pooled trust is organized, created, and operated by a nonprofit organization. The nonprofit is the trustee.
-c. The nonprofit takes money from many folks on Medicaid and pools it all together. They then invest the pool of money.
-d. Each person putting money into the pool has a separate account.
-e. The Pooled Trust trustee spends Mother’s account money for Mother’s needs.
-f. No Age Limit!
-g. At Mother’s death, the nonprofit charity keeps the leftover money for its charitable purposes.
3. Upside/Downside
-a. Upside: Super Easy. Barely an inconvenience! Pooled Trust trustees tend to be understanding and generous spending Mother’s money on Mother.
-b. Downside: Nothing for the kids.

Easy, Easy! The Medicaid Payback Trust

Go to your friendly, neighborhood probate court. Get a court order creating a (d)(4)(A) Medicaid Payback Trust. Depending on the county, the local probate judge may have a well-established procedure for this.
1. Sell the house. Get the money.
2. Use the Medicaid Payback Trust.
-a. Deposit the sales proceeds into the Payback Trust account.
-b. You created the Payback Trust. You are the trustee.
-c. You spend the money for Mother’s needs.
-d. AGE LIMIT: Must be under 65 years old!!
-e. At Mother’s death, Medicaid gets the leftover money as payback.
3. Upside/Downside
-a. Upside: Still easy, although you need a lawyer. As trustee, you have complete control so long as you spend the money for Mother.
-b. Downside: Must account to probate court. Nothing for the kids.

Not So Easy – Delay, Delay, Delay! This Is Where It Gets Complicated!

Michigan allows the family to keep the homestead while Mother is on Medicaid. But the reverse mortgage company says sell, sell, sell… and pay us back.

Michigan also says, if the homestead goes through probate, Michigan gets the homestead money to pay back Medicaid. So we must plan to avoid probate. Why? So that Medicaid does not get all the homestead sale money.

And that is why we play to delay. The reverse mortgage company must give 12 months. And with COVID, it is longer. In those 12 months, Mother may need additional care or services. Or Mother may die.

While Mother Lives – Before The Sale

While Mother lives and the homestead is not yet sold how does Mother get additional services? The kids pay for the services. But! Whoever puts up the money gets a promissory note secured by the homestead. The generous kid gets paid back after the reverse mortgage company but before anyone else. We are using the homestead to leverage additional care for Mother.

Mother Still Lives – 12+ Months Later – Must Sell

If Mother survives. Now we must sell the homestead. Close on the sale. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers go to Pooled Trust or Payback Trust.

Mother Dies Before Forced Sale Of Homestead

If Mother has died. Must sell homestead. Avoided probate with trust. Trustee sells homestead. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers divided among all living kids or whomever else Mother chose as beneficiaries.

To Infinity!

Are there a bewildering number of choices, options, permutations, and possibilities? Darn tootin’! Confusing? Mebbe! Worth it? Yes, indeedy! By taking the trouble, you have insured that Mother gets the best care possible. You avoided Nursing Home Poverty. You enabled Mother to get a return on the years that she and Father invested. And there will (may) be leftovers for the kids.

If it was oh so very easy, everyone would be doing it. It is not easy. Which is why most fail. But not you, not your family.

And Beyond!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP… Live or Zoom Webinar… It is INTERACTIVE!

(800) 317-2812

At-Home Medicaid — Are You Eligible?

You know. Everyone knows. COVID Elder Plague facts are familiar. Well known. Nothing to argue about. Victims are overwhelmingly older. Most in long-term care facilities. Tragic, infuriating truth: nursing home residents are 70 times more likely to die of COVID. Government Policies, Executive Orders have been deadly.

Are COVID rates rising among the young? Not really. U.S. Centers for Disease Control and Prevention (CDC) consistently show 95% of COVID deaths among those over 50 years old. Surprised? Check it out: https://covid.cdc.gov/covid-data-tracker/#demographics

Even now, some state bureaucrats mishandle COVID vaccinations. Fatal delays for elders. The CDC initially showed Michigan’s vaccination rate among the worst. Hapless officials offered technical-sounding “dog ate my homework” type excuses. Weeks later, current CDC data shows Michigan still lags. See for yourself: https://covid.cdc.gov/covid-data-tracker/#vaccinations Michigan elders are paying with their lives.

MEDICAID PROGRAM – Pace Expansion Is A Big Deal

Emergency, limited changes to the Program of All-inclusive Care for the Elderly (“PACE”). New opportunities for thousands of families. At-home care without more sacrifice. You can keep your lifesavings, cottage, farm, rental properties, business. No Poverty! By following the rules. Care services: free – fair return for what you paid in. Income: keep it. No co-pay, doughnut hole or other bamboozling malarkey.

We helped dozens secure at-home care for their loved ones. Belief: PACE saved many families from the deadly COVID virus stalking long-term care facilities.

“COVID-19 emergency rules are temporary. The benefits are permanent. When the emergency is over, these favorable rules will be gone.” Lifesaving benefits for a lifetime.

The special rules originally expired November 1, 2020. But were extended to April 1, 2021. Seemed like a long time, right? Unfortunately, the extra time is almost up. Like sands through the hourglass… Tick tock. One last chance for your family to get back a little of what you paid in. It is a big deal. And it is almost gone.

PACE itself is not going away. PACE will continue to provide quality of life to Middle-class Michigan. PACE has served us well since 1969. Not going nowhere. What is going away are the favorable eligibility rules that have saved so much for so many families. Soon it will be more expensive. More complex. More difficult. More challenging. What is your excuse to delay?

Threat To Middle Class Security

You are Middle-class Michigan. You have worked and saved. Since you were 10 years old. You and your spouse have a bit set aside. You are fine! But then…

You are caring for your loved one at home. You applied for help. Rejected! Too much income. Too much savings. A cottage, a business, a farm, stocks, bonds, IRA.

Your financial advisor, the accountant, your lawyer. All say the same thing: You must “spend down” all you have achieved. No help until you are broke.

Healthy Skepticism Or Deadly Doubt?

COVID emergency rules changed all that! Many more families can get the PACE benefits they earned. Yours included? Tragically, some refuse to believe it is possible. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”? Pitiful. Talk to folks who are uncertain and suspicious. Accurate information and proof beat unfounded fears every day. Fact: You do not have to accept nursing home poverty for yourself or your loved one.

Do You Or Your Loved One Qualify?

Answer Yes To 3 Questions:

  • 1. Need help with activities of daily life? Memory problems? Cognition issues? Daily oxygen therapy? Blindness? Dialysis? These are just a few of the many ways to qualify.
  • 2. Are you safe at home?
  • 3. 2021 Social security (gross) less than $2382? (Special strategies to reduce pension income.)

We can do the homework together. Most families benefit. Hugely. But it costs nothing to find out.

Get Answers Now: (800) 317-2812

What Are The Benefits?

What can PACE do for me? Why not find out? Your team is standing by. PACE is doctors, therapists, dieticians, nurses, physician assistants, administrators. All working together to provide your best solution. Want more detail? Call us.

PACE includes:
On-Site Physician/Medical Supervision; Nursing Care; Physical Therapy; Occupational Therapy; Recreational Therapy; Activities and Exercise; Breakfast, Lunch, Snack; Nutritional Counseling; Social Services; Dental Care; Audiology; Optometry; Podiatry; Women’s Services; Dentistry and Dentures; Optometry and Eyeglasses; Audiology and Hearing Aids; Podiatry, Diabetic Shoes and Orthotics; Cardiology; Rheumatology; Lab Tests; Radiology; X-Rays; Outpatient Surgery; Primary Care Physician: On call 24 hours a day, seven days a week; Physical and Occupational Therapy; Personal Care; Chore Services; Meal Preparation; Emergency Room Visits; Hospitalizations; Inpatient Specialist; Skilled Inpatient Rehabilitation; Transportation Services; Prescriptions; Over-the-Counter Medicines; Transportation; Respite Care and Caregiver Education; Wheelchairs; Walkers; Oxygen; Hospital Beds; Diabetic Testing Supplies; Adult Day Care.

No Poverty. No Handouts. No Waste.

Your team is united by 3 goals and 1 mission.
Goals:

  • 1. No Poverty. Your family will NOT go broke.
  • 2. No Handouts. You paid for these benefits with a lifetime of work and taxes. You earned this.
  • 3. No Waste. Your beneficiaries get whatever is left. For certain. No crazy fees. No probate.

Mission: We make the rules work for the folks who play by the rules.

How Much Time Do You Think You Have? Why Waste It?

Get the straight story. Your loved one is counting on you. Satisfy yourself that you have the right information. It is simple and free. Your Discovery meeting is just a couple days away. Looking forward to meeting you.

Every PACE case. Every Medicaid case. Every long-term case. Each case is exhaustively documented and thoroughly prepared. Each case is audited. Each case must be correct. There is no margin for error. “Close” is not good enough. “Almost” equals loss. We do not tolerate, cheer, or accept failure. Not an option. Because your family is on the line. Your life work is at stake. It must be done right. And that takes time.

GET ANSWERS NOW. (800) 317-2812

Medicaid Question and Answer

Note: Not Legal Advice!

Can a doctor, nurse, or social worker force someone into a skilled nursing home against their wishes? Mother is unable to care for herself and my father cannot take care of her as he has health issues. The doctor, nurse, and social worker for my mother want to put her in nursing home but she does not want to go. She would rather stay with family with the help of caregivers. She has not been declared mentally incompetent although she has early onset dementia.

Let us agree on a few basics:

  • 1. No one wants institutional care
  • 2. Everyone wants care at home
  • 3. At home care is expensive

No doctor, nurse or social worker can force your mother into a skilled nursing facility against her will. That is the job of the probate court. If the court finds your mother legally incapacitated, it will appoint a guardian. The guardian can involuntarily place you in long-term care. A strong estate plan avoids this.

Doctors, nurses, social workers… they are not monsters. But they are busy. Today they will see another dozen dementia patients. Tomorrow will be the same. Busy professionals. They are experts. Using the same methods over and over again.

Reality: No one cares about your mother as you do. If doctors, nurses, and social workers tried to care that much, the system would break down. They have much to do. Little time to do it. Not their fault. No blame. But…

“Good enough” is not good enough for your mother. But what to do? These folks are experts! They know! So much advice. From neighbors, friends at church, brothers-in-law. You research and get more confused. And hopeless. Beaten down, you go along. Guessing the experts are right… Now mother is in the nursing home. Isolated. Unhappy. COVID quarantined.

It could have been different.

We advocate. Fight for your mother, as I did for mine. This is personal. Thirty years of refusing to take no for an answer.

The Way: Observe, Orient, Decide, Act.

First, observe. Get a good grasp on the facts right now. Gather bank statements, financial records, tax returns. Get the medical records. Organize any legal documents. Stay aware of changes. Get the picture.

Second, orient. Check options. Do not wait any longer. Refuse to accept existing legal documents, like trusts, wills or powers of attorney. Protecting your mother is your job. Your tools must be sharp and strong. Those old documents may be (likely are) dull and rusted. And may fail in crisis. Find out. Costs nothing but a phone call. Might save everything. At least you will know.

Third, decide. What choice will you make? At this point, you know what is available. Crunch time. Refusing to decide is a decision. You may think you were better off not knowing. You might be right. Ignorance is bliss?

Fourth, act. Revise or replace useless tools as necessary. Secure benefits. Go. Fight. Win.

For Your Mother:

  • 1. Get the facts. Call us for a free Discovery Meeting. Telephone call or online video meeting with a paralegal or attorney team member. Get the checklist. Guided, purposeful information gathering. Focused only on the relevant facts. Personal, financial, legal. Then set up the free Engagement Evaluation.
  • 2. Know your options. Engagement Evaluation. Are at-home care options available for mother? What about your father’s needs? How can we secure benefits without sacrificing lifesavings? What residential care options are there?
  • 3. Choose. Consult with your family. Pray. Reflect. Discern. Choose the most appropriate course of action. There is no free lunch. There are costs to doing and not doing. But you decide.
  • 4. Act. Git ‘er done! Secure lifesavings. Mother stays home with free help. Could be the Program of All-inclusive Care for the Elderly or the MiChoice Waiver program. Or an assisted living facility with Waiver might be best. Or full skilled nursing.

Swimming in Lake Michigan is dangerous. The undertow can sweep you away. But if you know how, it can be great. Long-term care is dangerous. Your family can drown in costs, squabbles, inappropriate care. But if you know how, you can transform end of life challenges to triumph. Building shared experiences, cementing family relationships. It is up to you. We can help.

PACE Program eligibility expanded until April 1, 2021

The Program of All-inclusive Care for the Elderly (PACE) provides a full range of therapeutic and care services to you at home. At no cost to you. If you qualify. COVID emergency rules mean that many folks who did not qualify before are now eligible. Even more people can become eligible. We can show you how.

Sad Truth: Many folks who qualify do not even ask because they do not think they could possibly get any benefits. This is bad thinking. Leads to unnecessary nursing home placement for you. Stress on caregiver spouse leads to premature death: 40-50% of the time, the caregiver dies first. Unnecessary.

Good News: Under the emergency rules, you can: Keep your cottage. Keep your farm. Keep your lifesavings. Keep your loved one at home, receiving the support you need to do it.

Are you caring for a loved one at home? Have you investigated PACE? Were you told that you do not financially qualify for PACE? Were you told that you would have to sell or liquidate almost everything to qualify for PACE? Do you think PACE is too good to be true?

Get authoritative answers you can count on. Quickly. No nonsense. Many of our PACE families could not believe that their tax dollars could benefit them. Many more subscribe to the “too good to be true” concept. One short, simple phone call can confirm your worst fears of not qualifying or open the door to a new way of life. That part is up to you.

YOU DO NOT HAVE TO WONDER… IT COSTS NOTHING TO FIND OUT

Client Success Stories…

We were very happy with the information at the workshop on Estate Planning [LifePlan workshop]. Amanda was very helpful in explaining the options we could choose from to protect our assets from excessive taxes.

All questions were answered in depth and in a manner that was very understandable. I left feeling confident that we can contact them at any time for help navigating the system.

The staff are incredibly professional. My mother was treated with utmost respect. Her paperwork was organized and concise. I dealt with David and Jim and they spoke in terms my mother and I could understand.

I was totally lost when my husband’s dementia got bad. David and his group helped me feel in control again. They are there to help me whenever I need them. I should have done this sooner.

Perfect balance of pleasant and professional. Starting with workshops with targeted info, to chit chat with David (and all the staff we met) – great experience. Thank you!

My husband and I just returned from your workshop in Portage…We are so pleased we attended and came away with so much information and insight. The workshop was well organized, well presented and your staff was wonderful. Patrick made things fun, and as he promised, the time flew by. Thanks you again for 2 very well spent hours.

Donna & Stephanie are extremely professional, on top of everything, friendly and just a joy to work with. Very prompt on phone calls, emails, etc. I am very thankful for these two people!

We have been extremely pleased with the professional service of David and the staff. It has been a pleasure working with everyone to make sure our future is secure. David was also very helpful finding an out of state attorney to help our parent’s address their Elder law needs.

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“The Law Offices of David L. Carrier is an estate planning and elder law firm located in Western Michigan. Our main office is in Grand Rapids, and we have 3 other conveniently located offices in West Michigan. We specialize in medicaid crisis planning, estate planning, elder law, probate, wills and trusts.

Our Office Locations

Grand Rapids, MI

Norton Shores, MI

Holland, MI

Portage, MI

Practice Areas

Medicaid Crisis Lawyers

Estate Planning Lawyers

Elder Law Lawyers

Family Trust

Probate Lawyers

Trust Funding Center

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