I live in Colorado and am the Power of Attorney for Finances and Medical for my father who is 85. He has spent all of his reverse mortgage on literally garbage and has about $20,000 left in cash from it. Other than $1,000 a month in social security he has no other income or assets. However, he has been declared ineligible for medicaid because he owns two timeshares that are not able to be sold because they are a) literally worthless, you cannot give them away, b) a liability in that the HMO payment is $1,800 per year. I have been withholding payment on the HMO payment in hopes that the timeshare will "take back the title" but have not been successful at this point. I was told today that my father must be placed in a nursing home - he is not longer able to care for himself. I agree that this is an appropriate move but my biggest fear is that once his assets run out (which won't be long, surely at nursing home rates) that he will still not qualify for medicaid and he will be "booted out." I do not want to care for him, nor do I havae the financial or time resources available to do so. Yet I have read that some states will go back on the children if they do not qualify for medicaid for the cost of their parent's long term care. Is that true?
Can you list his time shares and put their value at zero? I think that is something you can fight, but you do need to see an attorney that specializes in dealing with Medicaid qualification. That could be an elder attorney and probably is. Talk to your local area on aging for a good referral. I've used their free attorney before and find them very lacking.
Hugs, Cattails
California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa,
Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana,
Nevada, New Hampshire, New Jersey, North Carolina, North Dakota,
Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota,
Tennessee, Utah, Vermont, Virginia, and West Virginia
This does not necessarily mean that you will automaticaly have to pay the NH, and many factors are considered. But in those states the NH would be more apt to sue you in an attempt to collect from you.
Your best bet is to do what it takes to get Dad qualified for Medicaid. How will you do this? See a lawyer specializing in Elder Law. (Have you heard that advice before?) I would think that it is the $20,000 rather than the worthless timeshares that are keeping him from qualifying, but the lawyer can advice you.
Meanwhile, do not sign anything making you personally responsible for your father's obligations. For example, do not enroll him in a NH as a Medicaid Pending resident and sign saying that you will be reponsible if Medicaid does not come through. Consult with an attorney as soon as you can. (And it is Dad's money you should be using to pay for this service.)
I would pay that HMO immediately, if Dad has a heart attack and the bills is 100,000 he better be covered, insurance is so important. Good luck.
the maintenance papers. Lesson here: don't sign anything.
If you must place him in a NH, then let the signature reflect a person who is not directly involved, such as a Social Worker, or a Placement Counselor.
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