Re: Update on Jim/Donna R.

[Guest guest]

Hi Donna,

It sounds like you went through a lot of what I am

going through. Except that I didn't have to spend down

on Jim's money, it was all protected. It was mine,

that I had saved for my own retirement that would have

had to be spent down on, since I am the spouse. I was

told by two attorneys to divorce Jim to save my

assets. I called my financial advisor that said I

could protect them as Jim did so, I protected my

assets in Trust annuities as my husband did. I learned

off of him. I thought I had to spend down on it all,

but it can be put into protected annuities in a Trust

for protection in California, I am not sure about

other states. So MediCal/Medicaid does not count those

assets. Now, the attorney says that Jim will

definately qualify for MediCal here (Medicaid in all

other states.) So, I will have no problem with that

when I apply. I know that MediCal will accept Jim. In

California the house is excluded from the assets, so

you can still own your home here. Jim's house can not

be sold until upon his death, because it is in a

Trust. Then his kids can sell it and get their share

of the profits. The house will be rented out when Jim

goes into a facility until his time of death. Homes

rent out at $3,000 a mo. in this area. The rental

money has to go back into Jim's Trust Accounts, or it

will be seen as profit by MediCal and they will either

disqualify Jim or take more money. I'm not sure how

that works. I hate all this " Red Tape " I could live in

the house until his death and even two years after his

death, but the house is so big and lots of landscape.

It is too much for me to keep it all going. I just

want a more simple life these days. I want to live in

a Condo.

I am going to see if I can withdraw out of the IRA

early. Carol mentiond for emergencies and for health

problems there may be an exception to a penalty. You

said exactly what my attorney said, they have to get

in the door of the facility first and then apply for

the MediCal, because they take the inside people that

pay privately. My problem is if it goes over 5 months

before there is a MediCal room for Jim, I am out of

luck, because that is about all I can withdraw from

the IRA or the taxes on the amount I draw out will be

beyond what I can pay. It seems there is always some

kind of detour in the road. Nothing seems to be

simple. Someone, from TX, I think brought up a

few years back about a commune for LBD caregivers and

LOs and we all took care of each other and our LOs

giving each other respite. It's starting to seem ideal

to me now. LOL

Thank you so much for your support. Lots of Hugs back

at ya! Jan

--- Donna Mido wrote:

> Jan,

>

> I went through the same thing with Mom. I hadn't

> thought she would have to go into a nh and I was

> carefully using the last of her money. When she had

> to go suddenly. I didn't have enough for private

> pay and I had not signed her up for Medicaid.

>

> Then I had more problems because I thought she

> could still own her home, and she could if her home

> was in MI where we were and her home was in WI.

>

> This is really the shorted version of what happen.

> And the biggest problem I had was it was very

> difficult to move her to any other nh. No one wants

> to take Medicaid patients. The nh save their

> Medicaid beds for their own patients who have come

> in private pay.

>

> It cost me a ton of money to get it figured out. It

> is why I tell people here to do their legal work.

> No one told me until later that I could have been

> withdrawing from her funds the whole 3 years I had

> her. I did use some of her money, but I didn't know

> I could have been withdrawing an average nh monthly

> draw all three years. Then at least I could have

> had the Medicaid work all done. A lot of others

> here managed all kind of stuff and I never knew how

> they were getting it done. It is still something I

> would like to find out more about. Then people

> wouldn't have to do 2 emergencies all the same time.

>

> Sorry. I too went to all kind of attorneys and

> spent lots of money on them.

>

> July seems like a long time off. Is there no way to

> get emergency fund out of his .....was it pension,

> if you take a penalty?

>

> Lots of hugs. Wish I could be there for support.

>

> Donna R

>

> Update on Jim

>

> Hi All,

> I am feeling so downtrodden and in a " Black Hole "

> with

> no way out to escape this nightmare. I spoke with

> the

> social worker at the hospital to have Jim transfered

> to a facility. My attorney, that I paid $700.00 for

> my

> first visit (my other attorney has moved to another

> town and recommened this attorney to me) suggested

> that I don't apply for MediCal/Medicaid at this time

> and get Jim into a facility and then start the

> process, because most facilities will give the rooms

> to those that are paying out of pocket as first

> choice, before MediCal he told me,so I did not start

> the process of MediCal. When I spoke to the social

> worker at the hospital, she asked if I had MediCal

> for

> Jim and I said no, not at this time, and she said it

> is $5,000 a mo for a room. Jim has all his money

> tied

> up in Trusts and I can not draw money out and as

> most

> of you know his house is in a Trust too, so I can

> not

> get a loan. My hands are tied to pay for a room to

> get

> him in the door, before starting the process of

> MediCal. Monday, I am going to get the forms to

> apply,

> so that next time he goes into the hospital, he will

> have MediCal to pay for a room and the hospital will

> transfer him to where they have an available MediCal

> room. The social worker said, later I could transfer

> him to the facility of my choice when they have an

> opening. The aggressiveness is beating me down. I

> just don't have the stamina anymore to keep this up

> on

> my own.

>

>

>

> Jim is home again

> and I am so stressed out and feeling defeated right

> now. I am back to square one. I have spent so much

> money on attorneys, I could have paid for a room for

> Jim with what I gave them. What a racket. So much

> for

> the attorney's advice. I'm applying for the MediCal

> NOW.

> The other alternative is whichever comes first. If

> Jim

> is hopitalized before July, MediCal will be

> available

> by then. In July I can draw out of his IRA, it is

> only

> once a year that I can draw out. At that time I can

> draw out enough money to cover for about 5 months to

> get him in the door of my choice of facility for

> him.

> Hopefully, it wouldn't go over 5 months before a

> MediCal room was available there for him. That way I

> can get him where I would like him to be. Has anyone

> gone through this red tape to get a room? Please let

> me know how you solved the problem and how you got

> them in the door of the facility that you chose for

> your LO. Thank you all for your concerns, you are

> all

> such a special group of people and I value your

> advice. Jan Colello

>

>

>

>

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