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My mother-in-law moved in with us 4 years ago. I assume once her funds have been depleted she would be eligible for Medicaid. Is there any concern that the government or the nursing home would try to recover money spent by coming after our savings.
Filial: Webster: Of, or pertaining to a son or daughter, also, pertaining to the generation following the parents. Responsibility: A particular burden of obligation upon one or more persons.
Filial responsibility is when a law makes the son or daughter responsible for the care of their parent. Usually, as was the case with that $93,000 judgement, there are extenuating circumstances that came into play and caused a nursing home to enforce filial responsibility. As others have said, a number of states have such laws on the books, but they are rarely used. Be sure you do not sign anything accepting financial responsibility when admitting your MIL to a nursing home. You may sign as her POA, but not for yourself. If at all possible, have her sign the papers herself. If your MIL has spent down in a way that complies with Medicaid law (in other words, she didn't 'gift' away or transfer her assets within the look back period in an attempt to hide them), then she should qualify for Medicaid. It can never hurt to consult an elder law attorney. If you can afford it and don't want the paperwork hassle yourselves, you can even hire them to take you through the process.
Although the filial responsibility laws have been on the books for years in a number of states (see other answers posted here), they have only been enforced in a very few cases in a very few states, and only recently. In any event, they do not appear to affect Medicaid eligibility, which looks only to the resources of the applicant (and spouse, if any), and never the children.
The bottom line is that if your mother-in-law simply spent down her money and now qualifies for Medicaid, then you personally have nothing to worry about: the state cannot and will not come after your personal assets now or at any future time.
The thirty states who currently have filial respon sibility statutes are: Alaska, Arkansas, Californi a, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Mo ntana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Isl and, South Dakota, Tennessee, Utah, Vermont, Virginia and West Virginia. 2 42 U.S.C. 1396r(b)(4) (September 27, 2012)
Folliwing the PA case awarding $93,000 to and nursing home to be paid by and then his mother had the services, The National Consumer Voice for Quality Long-Term Care did some research and issues to report. This report includes the names of the states that currently have filial responsibility laws in place.
Go to "TheConsumerVoice.org"
When you arrived at their homepage, type "filial responsibility" in the search bar at the top right.
You will get a short memo page which, after reading, in the last sentence, click "hete" for a PDF (Adobe Reader) download of a three page report they prepared after research on this issue.
The answer to your question is "Yes". You should be concerned about the exposure of your savings o government or nursing home attempts to recover funds spent on your mother-in-laws care.
The answer is much more complicated than a simple "yes" or "no" because there exists several routes for this hidden liability to spring itself on you. One issue as mentioned in previous answers is Medicaid's transfer penalty. Is your MIL chose to reduce her assets by giving them away or selling them for less than fair market value, the Medicaid agency in your state will assess a penalty. The penalty is a delay on the onset of benefits.
A second lurking problem is known as "estate recovery". At your MIL's death the state has a right to recovery from her estate the amounts spent on her behalf.
The third and more onerous exposure comes from "filial responsibility" laws. Roughly 20 states have such laws on books. The laws potentially make children responsible for their parent's nursing home bills. I know of two cases, one in Philadelphia, the other in North Dakota where adult children were held liable. Federal and state budget woes will continue to place pressure on Medicaid nursing home reimbursement. Governments that have these ancient laws on the books could well dust them off to help staunch the flow of red ink.
Medicaid rules are hopelessly complicated. If you expect a family member will need nursing home care and don't wish to jeopardize your life savings, a competent elder law attorney can be worth his or her weight in gold.
Medicaid looks back 5 years. If you established joint accounts with her in that time or she sold her house and gave you part of the proceeds, there will be a penalty. Print out her bank records for the last five years and make sure you know where every penny went.
Except that it did happen to that man in Pennsylvania. I believe that the NH went after him and got a judgment for $93,000. It never hurts to talk to an elder care lawyer. Also, make sure that you NEVER sign anything using your own name. That could make you responsible.
If MIL spent money by giving it away, for example, there may be a penalty period concerning when Medicaid coverage could start. Medicaid does not go after anyone's savings.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Responsibility: A particular burden of obligation upon one or more persons.
Usually, as was the case with that $93,000 judgement, there are extenuating circumstances that came into play and caused a nursing home to enforce filial responsibility. As others have said, a number of states have such laws on the books, but they are rarely used.
Be sure you do not sign anything accepting financial responsibility when admitting your MIL to a nursing home. You may sign as her POA, but not for yourself. If at all possible, have her sign the papers herself.
If your MIL has spent down in a way that complies with Medicaid law (in other words, she didn't 'gift' away or transfer her assets within the look back period in an attempt to hide them), then she should qualify for Medicaid. It can never hurt to consult an elder law attorney. If you can afford it and don't want the paperwork hassle yourselves, you can even hire them to take you through the process.
In any event, they do not appear to affect Medicaid eligibility, which looks only to the resources of the applicant (and spouse, if any), and never the children.
The bottom line is that if your mother-in-law simply spent down her money and now qualifies for Medicaid, then you personally have nothing to worry about: the state cannot and will not come after your personal assets now or at any future time.
sibility statutes are: Alaska, Arkansas, Californi
a, Connecticut,
Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky,
Louisiana, Maryland, Massachusetts, Mississippi, Mo
ntana,
Nevada, New Hampshire, New Jersey, North Carolina,
North Dakota, Ohio, Oregon, Pennsylvania, Rhode Isl
and,
South Dakota, Tennessee, Utah, Vermont, Virginia and
West Virginia.
2
42 U.S.C. 1396r(b)(4)
(September 27, 2012)
Folliwing the PA case awarding $93,000 to and nursing home to be paid by and then his mother had the services, The National Consumer Voice for Quality Long-Term Care did some research and issues to report. This report includes the names of the states that currently have filial responsibility laws in place.
Go to "TheConsumerVoice.org"
When you arrived at their homepage, type "filial responsibility" in the search bar at the top right.
You will get a short memo page which, after reading, in the last sentence, click "hete" for a PDF (Adobe Reader) download of a three page report they prepared after research on this issue.
The answer is much more complicated than a simple "yes" or "no" because there exists several routes for this hidden liability to spring itself on you. One issue as mentioned in previous answers is Medicaid's transfer penalty. Is your MIL chose to reduce her assets by giving them away or selling them for less than fair market value, the Medicaid agency in your state will assess a penalty. The penalty is a delay on the onset of benefits.
A second lurking problem is known as "estate recovery". At your MIL's death the state has a right to recovery from her estate the amounts spent on her behalf.
The third and more onerous exposure comes from "filial responsibility" laws. Roughly 20 states have such laws on books. The laws potentially make children responsible for their parent's nursing home bills. I know of two cases, one in Philadelphia, the other in North Dakota where adult children were held liable. Federal and state budget woes will continue to place pressure on Medicaid nursing home reimbursement. Governments that have these ancient laws on the books could well dust them off to help staunch the flow of red ink.
Medicaid rules are hopelessly complicated. If you expect a family member will need nursing home care and don't wish to jeopardize your life savings, a competent elder law attorney can be worth his or her weight in gold.
If MIL spent money by giving it away, for example, there may be a penalty period concerning when Medicaid coverage could start. Medicaid does not go after anyone's savings.