My dad is going to have to go into a nursing home.. we're working on that this week.
He will be a private pay since he has enough in monthly income along with his and mom's savings to pay for at least 4 years.
My question... if dad get's back to the point that he's healthy enough, he's going to want to go gambling at least once a week, if not more.
If he does this, and he lives another 3 - 4 years then he'll be out of savings and there will be a shortage for paying the nursing home. If Medicaid is needed will they look back and see that a portion of his savings went towards gambling outings and refuse to pay? We're not crazy about the gambling, but up to this point we've gone along with it because it was his money, he earned it, and as long as he paid my sis and brother in law for their care giving and his share of the bills, we felt he could do what he wants with his money. But the government might not feel the same three or four years down the road if he lasts that long and then his money is gone and he needs some help from them. I'm not sure we're going to get that through to him though...since he's thinking of today and not of three to four years down the road.
About the future possible issue of Medicaid & where the $ went possible penalty issues. IF you gamble, at some point you will "win" and if you do the casino's when they pay you will that you file some sort of financial info document. The casino will issue an IRS Form W-2G - it's for certain type of gambling winnings. Gaming is big biz and the big ones (PNG, Fertitta, etc) all do the IRS rules on $ and issue the W-2G's. Its taxable income. You really want to keep them as it will show that the tales of dad loosing large sums of $$$ playing the slots, ponies, etc has some validity. Comprende?
Also the casino's have all sorts of rewards programs. If he plays regular, he will have some sort of player card as that's how he does the buffet, builds points, get logo'd merch, etc. Make a copy of his cards (some are key chain tags) so that you have them to show that yes those $$$$ gambling losses could be valid.
If he still is pretty cognitive and competent, going to the casino's is still his choice. It may not be a good one but unless you have guardianship, it's up to him. Its really really hard to deal with the old roosters who are just determined to "date", gamble, have guns, etc.
You mention dad has maybe 3 or 4 years of $ before Medicaid? So dad has mid6 figures? 300K - 400K? Cause that's what he on his own will need to pay for a NH over 3 - 4 years. If so, that's a lot of $ to have and really he could benefit from seeing an elder law atty to make sure all his paperwork is in order. Is mom still alive? & if so she needs $ as well, Really for couples seeing an atty would be really worthwhile as the whole financial aspect of 1 in a NH and 1 still a Community spouse is quite complex for Medicaid and atop this you have gambling addition.
Represent Pt/Clent applying for benefits and using benefits on their behalf.
I suggest anyone caring for person have this paper. Authorization Represenative.Also authorizes use of Foodstamps etc.on their behalf.pGambling addiction. Alcohol etc. Soc Sec. will require a fuduciary payee. They do not recognize POA nor Healthcare Surrogacy.
Those who gamble, rarely keep records to prove where the money went. Many don't keep records of gifts, either.
Plenty of people have been denied DSHA help [State assistance], when DSHS learned the money was spent on other things, instead of setting up accounts to pay for the elder's upkeep.
When DSHA does a 5-year look-back, they usually deny help, until they figure that amount of money would have normally run out, if it had been used for their care at a facility...then help kicks in.
The likelihood the State will try to retrieve money spent on the elder, from family members, also increases, if elder fails to use available money to cover their own needs.
Is Dad is incompetent? Then, it's time to get a Doc to diagnose his condition[s], and work towards guardianship/DPOA setups.
Ask yourselves if Dad makes choices that are bad for his health and welfare? Has falls? Accidents? Sucker for shady dealings? Anything else that might indicate he's unfit to handle his affairs? Other indicators?
Then, whoever is in charge, can make sure Dad has a small amount monthly that he can "play" with, so he cannot jeopardize his entire estate, yet still gets to go have his kind of fun.
Otherwise, he risks burdening you or others, financially, and other ways.
Good luck!
My sig other goes once a week to play poker just for the fun of it. It is entertainment for so many people. Sig other has gotten to know some of the people at his table and their back stories. Sadly there are people who don't have two nickles to rub together, and when their social security check arrives off to the casino they go hoping to strike it rich.
I came across this regarding Medicaid and gambling "Though rules vary by state, if you’ve divested yourself of a sizeable portion of your assets within the last five years, you may not be eligible for Medicaid. And the law doesn’t distinguish between gifts to relatives and gambling losses. Imagine an older adult who loses their savings and yet they can’t qualify for a Medicaid bed.” Thus I would suggest contact the State Medicaid office for their State ruling.
As far as the gambling, since dad spent it, he should have some sort of records on his wins and losses. I would not be nearly as concerned with the gambling as I would the caregiving which Medicaid would consider a gift without a contract.