Re: Is this LEGAL ?
[Re: Canvasback2]
#6309937
08/25/18 08:10 AM
08/25/18 08:10 AM
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Joined: May 2008
Posts: 1,076 SE Nebraska
trapperne
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trapper
Joined: May 2008
Posts: 1,076
SE Nebraska
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I am not a lawyer but from what I understand essentially yes. They start with your cash assets and when that runs out they go with as, Medicaid, military benis etc......
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Re: Is this LEGAL ?
[Re: Canvasback2]
#6310002
08/25/18 10:06 AM
08/25/18 10:06 AM
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Joined: Dec 2011
Posts: 10,500 MT
snowy
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trapper
Joined: Dec 2011
Posts: 10,500
MT
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From my experience they will take all income to help pay for their care. When that person runs out of money then the state/Gov. will pick up the balance for the cost of the home. At that time you will be filling out papers for the process and some of those questions are about military service. If that person has served in any fashion they will ask you to see if that person is eligible for benefits. You will have to have proof that you contacted the Veterans Ad. and proof of their findings.
Some of the benefits from the service are specified to be used only for that persons desires and not to be used for home care. So if you don't spend it on person desire then it might go to pay for nursing home care.
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Re: Is this LEGAL ?
[Re: Canvasback2]
#6310113
08/25/18 01:31 PM
08/25/18 01:31 PM
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Joined: Nov 2013
Posts: 143 Warsaw, Ohio
Goshachgunk
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Posts: 143
Warsaw, Ohio
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I’m not sure of the right answer you would have to get legal advice but when my wife’s grandmother was in a nursing home they charged $130 per day for her care and as long as that was paid monthly there were happy. After she passed the money that was left in her estate was divided up for her children.
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Re: Is this LEGAL ?
[Re: Canvasback2]
#6310173
08/25/18 03:17 PM
08/25/18 03:17 PM
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Joined: Feb 2015
Posts: 776 MN, USA
star flakes
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Posts: 776
MN, USA
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Of course it is legal.
The only alternative you have is caring for him yourself, or placing him into a federal VA home, as my Uncle is about to enter into, but with less seizure of benefits. I think it is 40% if you qualify. For those who are interested in the background on this, and each of you should get your house in order now literally, is that farmers discovered after working their entire lives, that they entered nursing homes, and the nursing homes were seizing their now expensive farms from the families. The legality of it is that stupid people who wanted only their names on their property, would have nursing homes seize all the property as it was only in their name. Family farms were alerted to that in the 1980's and they began that ETAL and ETUX or others on the land, meaning children they could trust, and in that way it kept the property from being seized for healthcare. I believe the seizure can transfer to all assets like CD's too, so other people's names had to be on it. Some families moved to legal trusts to protect their assets in properties.
Concerning my idiot Uncle, he was one of those "only his name on things", so his place is open to seizure. I am not sure about the VA, but in a way I hope it is, because no one should be stuck paying for someone else if they have assets they were too selfish to deal with. I was informed though by a cousin who works in elderly health situations for the state that property has to have been joint listed for seven years or the nursing homes have every right to seize it.
So for those who think they can place their elderly into facilities and still walk away with the cash or keep the property, that is not how it is legally and has been that way for some time. I just happen to have lived in a rural area where I saw farms seized which set off alarms in the community and people started planning for that.
I doubt there is any legal protection for benefits, but at the very least people still can protect some assets. But again, it goes to the point of why should poor people who pay taxes be stuck with the bills for nursing homes of wealthy people who are hiding their assets like Warren Buffett who made a billion dollar foundation trust for his kid to run, so the kid will be rich all of his days. It is always the middle class who does not plan for things who get the sticker shock. Whether people like it or not, it is going to cost in talking to a lawyer, do estate planning and legally protecting what assets they can.
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Re: Is this LEGAL ?
[Re: Canvasback2]
#6310217
08/25/18 04:58 PM
08/25/18 04:58 PM
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Joined: Dec 2006
Posts: 21,196 St. Louis Co, Mo
BigBob
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Joined: Dec 2006
Posts: 21,196
St. Louis Co, Mo
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Might consider talking to a VA Vet Rep, Patients Advocate, or a Vet Rep at any VFW or American Legion Post.
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