Medicaid and Unavailable Resources

[lucky1thanx]

Jurisdiction

Washington

Although the families involved will be consulting with a qualified attorney, my thirst for understanding may be unquenchable. I respect that these things are complicated and that I am not an attorney or even a lawyer. That said, I hope you'll entertain a couple of questions. (even though I may not have the proper questions or terminology). Washington State.

[EXTENDED] FAMILY DETAILS

• The 90 y.o., blind mother, "Sally," is living in daughter, "Mary's", home.
• Sally was added to Mary and her husband Fred's title in order for her income to help qualify for and secure a loan for an expensive new roof. (I'm guessing tenants in common, but that's just a guess.)
• Sally fractures her hip and the level of care needed has skyrocketed. Even before the fracture, she could barely walk.
• Family is now determining Sally's eligibility for Washington's Apple Health (Medicaid) and is looking into long-term care outside the home.
• Mary and Fred now have concerns about Apple Health's ability to attach Sally's interest in order to recover expenses related to Sally's care.

I'm not sure yet if Sally can even qualify for Apple Care until her Social Security income and other assets (life insurance, some annuity, and the real estate mentioned) are considered with an application. Still, if she does qualify for Apple Care, the family wants to protect their property in case it's considered a resource once Sally passes.

Can Washinton State attach Sally's interest?
What might Mary and Fred consider? A quitclaim deed from Sally?
Is Sally's interest considered an "unavailable resource" because she can't convert it to cash?
What questions should I be asking, yet don't know what to ask?

As you can imagine, I am all ears.

Thanks in advance,

Lucky

 

[zddoodah]

What questions should I be asking, yet don't know what to ask?

Unless you're Sally, Mary or Fred (are you?), there's no need for you to ask anyone anything.

It is doubtful that anyone with a working knowledge of Washington law on this issue will happen upon your post. That said, even if Sally were willing, a quitclaim deed unsupported by consideration would be disregarded as a sham transaction.

 

[army judge]

As you can imagine, I am all ears.

Oh my, don't you mean ALL EYES?

Although the families involved will be consulting with a qualified attorney, my thirst for understanding may be unquenchable.

Bully for you, OP, bully for you.

May you discover a spring of knowledge sufficient to quench the thirsts of all people who desire to enlighten themselves.

 

[lucky1thanx]

Unless you're Sally, Mary or Fred (are you?), there's no need for you to ask anyone anything.

Thank you for telling me what my needs are. SMH. (and lol)

No, I am not any of the parties I've mentioned, yet I am close enough and care enough, and interested enough to boldly ask where no queries have gone before. That's how I learn.

I do genuinely thank you for the two relevant answers. If they are lucky, their advisors will steer them away from any sham ideas, however well-meaning, that might impact anything during a look-back period (if that even applies), and I'll not hold my breath for a Washington State Medicaid expert to land on my questions.

I hope the genuine part of my thanks meets with your approval.

 

[lucky1thanx]

Oh my, don't you mean ALL EYES?
.

LOL - Yes! All ears, eyes, nose...and and and....and I'm giving half my lottery winnings to my mom, half to my partner, half to my son, half to my....

I found that spring! It's the INTERWEBS!

 

[adjusterjack]

What questions should I be asking, yet don't know what to ask?

There are numerous online primary resources regarding Washington state's Medicaid program. By the time you finish reading them, all your questions should have been answered, including the ones you don't know to ask.

washington state medicaid at DuckDuckGo

 

[Tax Counsel]

I respect that these things are complicated and that I am not an attorney or even a lawyer.

Attorney and lawyer mean the same thing in the U.S.

Can Washinton State attach Sally's interest?

Very likely the answer is yes. Fred and Mary gave her an interest in the home. That interest is now an asset of Mary's.

What might Mary and Fred consider? A quitclaim deed from Sally?

If Sally does that quitclaim without getting paid the fair market value (FMV) of her share that will likely trigger the Medicaid look back period with the result that she gets denied benefits for a number of months.

Fred and Mary should have consulted an elder law or estate planning attorney before adding Sally to the deed to their home. It's too late to undo now what they have done, but if they want their best chance to both get the care for Sally that they want and keep from losing that interest in their home they really need to see an attorney now.

 

[lucky1thanx]

Attorney and lawyer mean the same thing in the U.S.

Silly me, trying to inject humor. Although synonyms are synonyms, these are, at least were originally, two different words with two different meanings.

This is the kind of thing that gave me the idea that each word had its own meaning.

"Generally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client in court. By most definitions, an attorney may act on the client's behalf and plead or defend a case in legal proceedings.

The English word attorney has French origins, where it meant a person acting for another as an agent or deputy.

A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters. Because a lawyer also conducts suits in court proceedings and represents clients in various legal instances, the term has expanded to overlap the definition of attorney. In the U.S., attorney and lawyer are normally considered synonyms. The term lawyer has Middle English roots."

Can Washington State attach Sally's interest?"

...thank you kindly and sincerely for your other answers.

 

[army judge]

Silly me, trying to inject humor.

Human communication is never easy, mate.

Hang in there, if you wish.

Don't allow words from strangers to distress or otherwise disturb.

Two people communicating "face to face" sitting at a table makes it somewhat easier, but there are still barriers to each understanding the other.

This is one reason that online forums, text messages, emails, even telephone calls are all fraught with miscommunication.

Sometimes two (or more people), fail to understand each other completely.

I get caught up in the madness, too.

Lately I've learned not to take things personally.

When all is said and done, nothing one types or reads on a discussion site can hurt, harm, injure anything other than your ego.

In fact, it can only inflict harm to your ego if you permit it.

 

[lucky1thanx]

Lately I've learned not to take things personally.

Thanks for the kind words. Agreed, communication can be tricky. Still, being told what I should or should not be interested in, or ask about, tends to inspire the expletive-flinging name-calling part of my brain. I try to just laugh...

There is an incredible audio "book" titled The Four Agreements. The audio is actually better than the book. I like Peter Coyote's slight native accent that is very appropriate for the reading. I believe the second agreement is to "never take anything personally." <--saves a LOT of heartaches...and headaches, too - lol.

Also agreed that any hurt, harm, or injury from the communications noted above is not only about ego, it's also self-inflicted! LOL again!

Be well.

PS - The family did speak with an attorney (not just a lawyer - haha) who confirmed most of the considerate replies here.

PPS - Your thoughtful words have renewed my appreciation for some in the legal profession. I love the law probably because of my appreciation for logic...and English. Again, thanks.