Ralph Robbins
Certified Financial Planner
Ralph S. Robbins, CFP©, is a licensed Certified Financial Planning Practitioner and an Accredited VA Claims Agent specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.
Show:
Articles Question
Question
Is a notarized document still valid if the date is different?
The notarization must be dated the same date the document was executed. Logic: The notary is witnessing a signature. If the document was... The notarization must be dated the same date the document was executed. Logic: The notary is witnessing a signature. If the document was not executed (signed) you will be fine. If it was signed and not notarized, you may have a problem...but you can just get a fresh document from the preparer if need be. see more
Question
Do I need to report VA benefits to Medicaid for my dad in a nursing home?
Servaes VA is correct. If she was not listed as a dependent on the original application you will have to go through the procedure to have... Servaes VA is correct. If she was not listed as a dependent on the original application you will have to go through the procedure to have this corrected. Contact the person or organization that filed the original application or contact a County Veteran Service Officer for assistance. see more
Question
Medicaid was declined. Now what?
Dads... The solution to your problem is somewhat dependent on the Medicaid eligibility rules in your state (what state do you live in?).... Dads...
The solution to your problem is somewhat dependent on the Medicaid eligibility rules in your state (what state do you live in?).
Every state, however, will have overarching Medicaid eligibility provisions which:
1. Only consider "countable" and "available" assets for eligibility purposes. The definition may vary but you will find it in your state's policy manual.
2. Have hardship exemptions with respect to excluding assets that would otherwise cause ineligibility when the life/health of the applicant is at issue.
I am sure you can imagine that you are not the only one to face this circumstance or one similar to it. I believe this is a relatively easy case to get approved with the proper argument and evidence. see more
The solution to your problem is somewhat dependent on the Medicaid eligibility rules in your state (what state do you live in?).
Every state, however, will have overarching Medicaid eligibility provisions which:
1. Only consider "countable" and "available" assets for eligibility purposes. The definition may vary but you will find it in your state's policy manual.
2. Have hardship exemptions with respect to excluding assets that would otherwise cause ineligibility when the life/health of the applicant is at issue.
I am sure you can imagine that you are not the only one to face this circumstance or one similar to it. I believe this is a relatively easy case to get approved with the proper argument and evidence. see more
Question
If you have an IRA, can Medicare access it if you're in a nursing home?
Loismae01...if the circumstances are as described there should be no impact on your stepmother's eligibility for Medicaid as it appears... Loismae01...if the circumstances are as described there should be no impact on your stepmother's eligibility for Medicaid as it appears funds were spent appropriately. see more
Question
Can I get emergency legal guardianship of my father who was diagnosed with dementia even if he has been marrie...
You state that your parent's have modest income/assets. If that is indeed the case, and unless your parent's gave away a large... You state that your parent's have modest income/assets. If that is indeed the case, and unless your parent's gave away a large amount of money in the past five years, there is no reason they (he) should not qualify for Medicaid.
The state does not care if they had money five years ago, they are only concerned with where it went. If the money was spent on the health, maintenance, and welfare of the couple there should be no issue at all.
And even if they did give money away all states have "hardship provisions" in their Medicaid eligibility rules that should permit qualification. Most families are not considering the possibility of requiring Medicaid benefits as they move through their financial lives and hardship provisions exist for these circumstances.
It may be fruitful to consult another attorney or Medicaid application specialist. see more
The state does not care if they had money five years ago, they are only concerned with where it went. If the money was spent on the health, maintenance, and welfare of the couple there should be no issue at all.
And even if they did give money away all states have "hardship provisions" in their Medicaid eligibility rules that should permit qualification. Most families are not considering the possibility of requiring Medicaid benefits as they move through their financial lives and hardship provisions exist for these circumstances.
It may be fruitful to consult another attorney or Medicaid application specialist. see more
Question
Why do assisted living facilities require a 3 day hospital stay to transfer to skilled nursing?
Does the skilled nursing facility (SNF) have long-term beds and are any Medicaid certified and available? If so, then Medicaid should be... Does the skilled nursing facility (SNF) have long-term beds and are any Medicaid certified and available? If so, then Medicaid should be applied for immediately (there is no 3 day hospitalization requirement for Medicaid nursing home benefits). The family may have to pay privately until approval but benefits will be retroactive to the first of the month if otherwise medically and financially eligible. Once Medicaid pays the facility the facility will reimburse the family.
If there are no funds for SNF private pay the facility may accept her "Medicaid pending". They will want to see all financials and will probably want to do the application themselves. If there are asset/income issues they most likely will not do the application and may not offer a Medicaid pending option.
If transfer to the SNF is not possible near term I suggest:
1. Apply for Medicaid immediately. Nursing home benefits can be applied for even if the applicant is not currently in a SNF. If assets/income are an issue consult a Medicaid specialist or attorney for guidance.
2. Ask your mother's physician for a prescription for Medicare skilled home care benefits. She will receive therapy in the ALF and will receive some minimal home health aide services.
3. If funds are available hire a part-time private home health by the hour to assist your mother and father until Medicaid approval.
4. Contact a Hospice organization in your area that provides "Palliative Care". This is NOT end of life care. Don't be stigmatized by the word "Hospice". This can be a tremendous benefit and is paid for by Medicare. see more
If there are no funds for SNF private pay the facility may accept her "Medicaid pending". They will want to see all financials and will probably want to do the application themselves. If there are asset/income issues they most likely will not do the application and may not offer a Medicaid pending option.
If transfer to the SNF is not possible near term I suggest:
1. Apply for Medicaid immediately. Nursing home benefits can be applied for even if the applicant is not currently in a SNF. If assets/income are an issue consult a Medicaid specialist or attorney for guidance.
2. Ask your mother's physician for a prescription for Medicare skilled home care benefits. She will receive therapy in the ALF and will receive some minimal home health aide services.
3. If funds are available hire a part-time private home health by the hour to assist your mother and father until Medicaid approval.
4. Contact a Hospice organization in your area that provides "Palliative Care". This is NOT end of life care. Don't be stigmatized by the word "Hospice". This can be a tremendous benefit and is paid for by Medicare. see more
Question
The cost of care even for the VA facility is 90% of his total income for all sources.
Arlene21.... Social Security Disability (SSDI) can be applied for at any age. Once qualified, Medicare will be available two years later.... Arlene21....
Social Security Disability (SSDI) can be applied for at any age. Once qualified, Medicare will be available two years later.
Medicaid is available to those under the age of 65 if deemed disabled by Social Security standards even if not receiving SSDI.
Your best bet is to contact your local Area Agency on Aging (aka Aging and Disability Resource Center). Every county in the US has one and they act as a "clearing house" of sorts for all federal, state, and local resources available for the aged and disabled. They will be able to direct you to various available benefit programs and their eligibility requirements. see more
Social Security Disability (SSDI) can be applied for at any age. Once qualified, Medicare will be available two years later.
Medicaid is available to those under the age of 65 if deemed disabled by Social Security standards even if not receiving SSDI.
Your best bet is to contact your local Area Agency on Aging (aka Aging and Disability Resource Center). Every county in the US has one and they act as a "clearing house" of sorts for all federal, state, and local resources available for the aged and disabled. They will be able to direct you to various available benefit programs and their eligibility requirements. see more
Question
The cost of care even for the VA facility is 90% of his total income for all sources.
There are two types of VA long-term care facilities. State VA Nursing Homes and VA "Community Living Centers". Admittance to... There are two types of VA long-term care facilities. State VA Nursing Homes and VA "Community Living Centers".
Admittance to Community Living Centers is usually reserved for those with service connected disabilities of between 60% and 70%. A co-pay may be required if the veteran's income is above a specified limit.
State Veteran Nursing Homes will generally accept veterans with non-service connected disabilities and will expect the veteran to pay all of their income to the facility with no dispensation for a spouse living at home.
It is for this reason that Medicaid is the preferable solution if there is a spouse who does not have adequate income of their own as Medicaid does provide relief for spouses of Medicaid recipients. see more
Admittance to Community Living Centers is usually reserved for those with service connected disabilities of between 60% and 70%. A co-pay may be required if the veteran's income is above a specified limit.
State Veteran Nursing Homes will generally accept veterans with non-service connected disabilities and will expect the veteran to pay all of their income to the facility with no dispensation for a spouse living at home.
It is for this reason that Medicaid is the preferable solution if there is a spouse who does not have adequate income of their own as Medicaid does provide relief for spouses of Medicaid recipients. see more
Question
VA Aid & Attendance approved for spouse even though vet passed?
riamac2... You mother may be eligible based on your father's service however this is a needs based benefit for which she will have... riamac2...
You mother may be eligible based on your father's service however this is a needs based benefit for which she will have qualify for. There is a guide on this site which gives an excellent overview of eligibility and qualification requirements. Look for "Veteran Benefits" under "Care Guides" in the upper right hand corner of the web page. see more
You mother may be eligible based on your father's service however this is a needs based benefit for which she will have qualify for. There is a guide on this site which gives an excellent overview of eligibility and qualification requirements. Look for "Veteran Benefits" under "Care Guides" in the upper right hand corner of the web page. see more
Question
VA Aid & Attendance approved for spouse even though vet passed?
No, you do not have to update the VA every year if there are no changes but they can audit at any time. I recommend my clients retain... No, you do not have to update the VA every year if there are no changes but they can audit at any time. I recommend my clients retain expense and income records for five years.
Yes, you are required to notify the VA of changes in income or expenses that may effect the continuation or amount of benefits received.
In the event of the passing of a claimant or spouse the VA should be notified even though the VA will receive this information from Social Security automatically in the event of death.
If your father predeceases your mother she will have to file a new claim as surviving spouse. see more
Yes, you are required to notify the VA of changes in income or expenses that may effect the continuation or amount of benefits received.
In the event of the passing of a claimant or spouse the VA should be notified even though the VA will receive this information from Social Security automatically in the event of death.
If your father predeceases your mother she will have to file a new claim as surviving spouse. see more
Question
VA look back period. Need advice.
Actually, the attorney is correct. There is currently no prohibition against transferring assets prior to application and this is clearly... Actually, the attorney is correct. There is currently no prohibition against transferring assets prior to application and this is clearly stated in the VA's M-21-1 MR policy manual. The transfer must be complete with no incidence or ownership or benefit to the claimant.
Even though this is the rule, it does not prevent the VA from questioning assets or income they may discover during IRS cross checks. I have had several cases lately where income from an asset was picked up from 1099's from several previous tax years and inquiry was made as to the source of the income. The outcomes were positive but it meant more work and more waiting.
Where many families run into a problem is when the primary residence is sold after application or approval. This is considered a conversion of assets and in most cases (depending on the value of net proceeds from sale) will cause the claimant to lose benefits for a period of time whether the assets are transferred or not.
Some are not aware that a 1099 is generated for almost all real estate transactions and a home sale may not be picked up by the VA for several years after the fact. It is a horrible surprise to get a letter from the VA seeking to claw back benefits...and believe it or not, they have the ability to garnish Social Security benefits to satisfy debt incurred by disqualification due to excess resources. see more
Even though this is the rule, it does not prevent the VA from questioning assets or income they may discover during IRS cross checks. I have had several cases lately where income from an asset was picked up from 1099's from several previous tax years and inquiry was made as to the source of the income. The outcomes were positive but it meant more work and more waiting.
Where many families run into a problem is when the primary residence is sold after application or approval. This is considered a conversion of assets and in most cases (depending on the value of net proceeds from sale) will cause the claimant to lose benefits for a period of time whether the assets are transferred or not.
Some are not aware that a 1099 is generated for almost all real estate transactions and a home sale may not be picked up by the VA for several years after the fact. It is a horrible surprise to get a letter from the VA seeking to claw back benefits...and believe it or not, they have the ability to garnish Social Security benefits to satisfy debt incurred by disqualification due to excess resources. see more
Question
What are valid expenses that reduce income to avoid exceeding the Veterans Aid & Attendance income limit?
Patriot... There are three benefit levels to Improved Pension. "Basic", "Housebound", "Aid and Attendance"... Patriot...
There are three benefit levels to Improved Pension. "Basic", "Housebound", "Aid and Attendance" (in ascending order of benefit amount paid). Aid and Attendance requires a separate rating based on medical need. As an example, for 2016 the maximum monthly Basic Pension award for a single veteran is $1,072, with a Housebound rating $1,310, and with an Aid and Attendance rating $1,788.
If a veteran is rated 100% disabled there is potentially an Aid and Attendance benefit as well but it is a Compensation benefit not a Pension benefit. see more
There are three benefit levels to Improved Pension. "Basic", "Housebound", "Aid and Attendance" (in ascending order of benefit amount paid). Aid and Attendance requires a separate rating based on medical need. As an example, for 2016 the maximum monthly Basic Pension award for a single veteran is $1,072, with a Housebound rating $1,310, and with an Aid and Attendance rating $1,788.
If a veteran is rated 100% disabled there is potentially an Aid and Attendance benefit as well but it is a Compensation benefit not a Pension benefit. see more
Question
What are valid expenses that reduce income to avoid exceeding the Veterans Aid & Attendance income limit?
Patriot...the answer is "no", an eligible and otherwise qualifying veteran may apply for both and then select the higher of the... Patriot...the answer is "no", an eligible and otherwise qualifying veteran may apply for both and then select the higher of the two awards. Compensation and Pension cannot be received simultaneously A veteran retired from service can, however, receive regular military pension and Compensation or Pension. I have worked with many veterans receiving small Compensation benefits and if they are eligible for and qualify for Pension the choice is usually a "no brainer". see more
Question
If my mom has to live in a nursing home will they just take all her money?
phuckme: Every county in the US has an Aging and Disability Resource Center (sometimes called Area Agency on Aging) that acts as a clearing... phuckme:
Every county in the US has an Aging and Disability Resource Center (sometimes called Area Agency on Aging) that acts as a clearing house of sorts for all federal and state programs available to assist the elderly and disabled including guidance as to health insurance options, Medicaid, Medicare, and SSI related programs. I would also suggest looking into applying for Social Security Disability Insurance which would automatically permit Medicare eligibility after 2 years (may or may not be an advantage depending how far you are into your 62 year).
The Agency in your area can be found here: http://agencyonaging4.org/services/ see more
Every county in the US has an Aging and Disability Resource Center (sometimes called Area Agency on Aging) that acts as a clearing house of sorts for all federal and state programs available to assist the elderly and disabled including guidance as to health insurance options, Medicaid, Medicare, and SSI related programs. I would also suggest looking into applying for Social Security Disability Insurance which would automatically permit Medicare eligibility after 2 years (may or may not be an advantage depending how far you are into your 62 year).
The Agency in your area can be found here: http://agencyonaging4.org/services/ see more
Question
Repayment of death benefits. Must this money be surrendered to the state?
Yes, applies to term insurance as well, not subject to Medicaid Estate Recovery if beneficiary is other than the Medicaid recipient (yes,... Yes, applies to term insurance as well, not subject to Medicaid Estate Recovery if beneficiary is other than the Medicaid recipient (yes, sometimes the beneficiary is the "Estate of the Insured" in which case it would be recoverable in every state as a probate asset).
What if the beneficiary is a predeceased spouse and there is no contingent beneficiary named in the policy? Benefits will revert to the estate of the insured and even worse, will likely cause a probate matter where none would have existed if the proper beneficiary designations had been updated. see more
What if the beneficiary is a predeceased spouse and there is no contingent beneficiary named in the policy? Benefits will revert to the estate of the insured and even worse, will likely cause a probate matter where none would have existed if the proper beneficiary designations had been updated. see more
Question
Can I get power of attorney over nephew since he can't talk?
In the scenario described it appears there is an existing Power of Attorney in place? If so, read it carefully as to "Successor... In the scenario described it appears there is an existing Power of Attorney in place? If so, read it carefully as to "Successor Agent" provisions.
Absent an existing document or successor agent provisions, the question is not whether your nephew can speak or write but, rather, does he have the capacity to make decisions regarding his personal matters both health care related and otherwise. If he can understand what is presented to him (by whatever means) and can communicate that fact (by whatever means) then it can be determined that he has the capacity to grant Power of Attorney to another. It is not necessary for him to sign his name; as long as he can make his mark, and it is witnessed and notarized in accordance with his state's requirements the POA will be valid.
Otherwise, the only option is to obtain guardianship. see more
Absent an existing document or successor agent provisions, the question is not whether your nephew can speak or write but, rather, does he have the capacity to make decisions regarding his personal matters both health care related and otherwise. If he can understand what is presented to him (by whatever means) and can communicate that fact (by whatever means) then it can be determined that he has the capacity to grant Power of Attorney to another. It is not necessary for him to sign his name; as long as he can make his mark, and it is witnessed and notarized in accordance with his state's requirements the POA will be valid.
Otherwise, the only option is to obtain guardianship. see more
Question
Repayment of death benefits. Must this money be surrendered to the state?
As long as the beneficiary is an individual or entity that is not the Medicaid recipient the death benefits are not subject to Medicaid... As long as the beneficiary is an individual or entity that is not the Medicaid recipient the death benefits are not subject to Medicaid Estate Recovery. see more
Question
What happens the wife dies but before she does dad has Alzheimer's she gives the money for the sale of the hou...
Virtually every state has "Undue Hardship" provisions in their Medicaid policy manuals. I quickly searched for same in Rhode... Virtually every state has "Undue Hardship" provisions in their Medicaid policy manuals. I quickly searched for same in Rhode Island as that appears to be where you live (rules/procedure vary by state) and came up with this:
http://www.sos.ri.gov/documents/archives/regdocs/released/pdf/EOHHS/7728.pdf
Check Section 0384.45.05 - "Claims of Undue Hardship" in this document.
Many well meaning attorneys may have you jump through all kinds of expensive hoops when a simple letter explaining the circumstances and requesting a hardship exemption for the transfer will do the trick. see more
http://www.sos.ri.gov/documents/archives/regdocs/released/pdf/EOHHS/7728.pdf
Check Section 0384.45.05 - "Claims of Undue Hardship" in this document.
Many well meaning attorneys may have you jump through all kinds of expensive hoops when a simple letter explaining the circumstances and requesting a hardship exemption for the transfer will do the trick. see more
Question
How to change power of attorney from a sibling to another?
Double check the current Power of Attorney document. Most often a successor or substitute agent is named in the document. So too, may be... Double check the current Power of Attorney document.
Most often a successor or substitute agent is named in the document.
So too, may be found the circumstances under which the successor may assume responsibilities. see more
Most often a successor or substitute agent is named in the document.
So too, may be found the circumstances under which the successor may assume responsibilities. see more
I am on my children's savings and checking accounts. Will this be a problem with the Medicaid five-year look b...