Spousal Refusal and Asset Protection

[Sono]

Hello
My dad is in a nursing home in NY and will soon go above his Medicare coverage and will have to apply for Medicaid. The big bulk of his assets are in his name only. These are only savings and checking accounts. No other assets. My mom still lives in the rental apartment that they shared. I know my mom is protected up to a certain amount that Medicaid will not touch. If there is an excess, I know she can do a spousal refusal. Can you tell me if this is something we can do ourselves or do we need a lawyer. Also after my dad transfers all the money to her, and she does the spousal refusal, how do I protect the assets if she would need to apply for Medicaid Long Term Care? Trust? Is there a specific time period to do all this?
Thank You

 

[army judge]

Also after my dad transfers all the money to her, and she does the spousal refusal, how do I protect the assets if she would need to apply for Medicaid Long Term Care?

How old is father?

Does father have any additional monthly income beyond social security?

Does father own any rental properties?

How old is mother?

Does mother have any additional monthly income beyond social security?

Does mother own any rental properties?

Before you DO anything, or direct your mother to do anything, I suggest you take mother to discuss ALL of this with a lawyer.

You should also arrange for your father to discuss this matter with an attorney.

If any assets are transferred (or hidden) tonight, tomorrow, or in the coming days; there could be big legal and financial troubles in someone's future.

That is why NONE of you should do ANYTHING until you've spoken to a lawyer, hired the lawyer, and anything that is done is done properly and legally.

 

[Sono]

Dad is 91, mom is 87. Dad has a monthly pension. No other income for mom. No rental properties. I have consulted with an attorney, I am basically trying to confirm what was told to me. Is this a legal tactic to preserve assets for my mother and then to preserve the assets for heirs?

 

[army judge]

Is this a legal tactic to preserve assets for my mother and then to preserve the assets for heirs?

It is a tactic, I wouldn't necessarily say its legal.

Medicare is very aggressive when it is discovered money has been moved around.

If you're going to rely on your attorney's advice, ask for a written lawyer letter instrucng you how to proceed before acting.

That way, if things go awry you have a defense that you relied on a lawyer's advice.

 

[Sono]

I thought we were talking about Medicaid? So you are saying my lawyer is giving me illegal advise? I do want to preserve assets but I do NOT want to do anything illegal.

Have you heard of spousal refusal?

 

[army judge]

I thought we were talking about Medicaid? So you are saying my lawyer is giving me illegal advise? I do want to preserve assets but I do NOT want to do anything illegal.

Have you heard of spousal refusal?

Medicaid is even more aggressive than Medicare.

I said nothing.

I typed somethings, things which you appear to mave misinterpreted.

I don't care if you rob banks, kill babies, cut the tail off of dogs, stab handicapped people with swords.

Why?

Because I am NOT your conscience, spiritual advisor, or a Medicaid Fraud Investigator.

I have no dog in your fight.

I wish your father and mother better health.

I pray you and your loved ones will solve your problem(s).

God bless you and your loved ones.

 

[Sono]

Medicaid is even more aggressive than Medicare.

I said nothing.

I typed somethings, things which you appear to mave misinterpreted.

I don't care if you rob banks, kill babies, cut the tail off of dogs, stab handicapped people with swords.

Why?

Because I am NOT your conscience, spiritual advisor, or a Medicaid Fraud Investigator.

I have no dog in your fight.

I wish your father and mother better health.

I pray you and your loved ones will solve your problem(s).

God bless you and your loved ones.

Geez whiz, so much for help in this forum.

 

[ElleMD]

This forum isn't for specific legal advice on personal situations involving lots of details. It is for general advice. Sound general advice is to consult with more than one attorney before making any massive changes to an estate or financial assets, especially when dealing with protecting assets from government agencies for the purposes of qualifying for benefits.