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Mom still lives in the home she and Dad built many years ago, but she now needs all the help she can get.  Sis has been juggling her schedule, work, home, and family helping Mom and Dad for several years.  After Dad died, Mom’s need for assistance increased.  She now needs more help than Sis has been able to provide.  Bud has felt guilty that he has not been able to help more, and has been telling Sis that they need to come up with an alternative for Mom’s care.

Life Care Planning, Estate Protection, Disability,
VA & Medicaid Assistance Lawyers

Can Mom Keep Her Home and Assets?

Can Mom Keep Her Home and Assets, Most of Her Income, and Still Get Help Paying for Her Assisted Living Expenses?  The Answer May Surprise You.

            Sis and Mom had just gotten back home, and she had excitedly called her brother Bud to give him a report.  What Sis had read the week before was confirmed - there is, in fact, an exciting new alternative to a nursing home, where Mom can get the good full-time care she needs and, amazingly, not go broke paying for it.

            Mom still lives in the home she and Dad built many years ago, but she now needs all the help she can get.  Sis has been juggling her schedule, work, home, and family helping Mom and Dad for several years.  After Dad died, Mom's need for assistance increased.  She now needs more help than Sis has been able to provide.  Bud has felt guilty that he has not been able to help more, and has been telling Sis that they need to come up with an alternative for Mom's care.

            Sis excitedly tells Bud that Mom can move into a 1 or 2 bedroom private apartment in one of the supportive living facilities they visited.  Some even have kitchenettes.  The facilities have nursing staff to provide assistance with daily activities as needed, 24 hours per day.  They provide housekeeping and laundry services, medication reminders, and three nutritious meals per day.  They even provide social events, which will help keep Mom active and involved with others.

            Several of the supportive living facilities will not open for another month or so, but  half of their apartments have already been snapped up.  Sis tells Bud that she wants Mom to sign up for one of the apartments.  She is convinced that this will allow Mom to stay independent, yet receive the care that Sis has been struggling to provide.  Yes it means Mom will need to move from her long-time home, but after seeing the apartments even Mom agrees that this is a good option.

            Sis and Bud discuss how this option will allow Mom and the family to gain control over the situation, giving them flexibility and a much better option than waiting until there is no option other than a nursing home.

            Sis goes on to tell Bud, who listens with amazement, that Mom may not need to sell her current home or spend all of the money that she and Dad had worked a life-time to save privately paying for her care at the supportive living facility.  "You gotta be kidding!  There has to be some catch," Bud blurted out.  "Yes," Sis responded, "Mom will need to get help from an elder law attorney to qualify.  Two of the supportive living facilities gave me the name and phone number of an elder law attorney who has helped a number of other persons qualify for financial assistance at their facilities."

            The following week, Sis calls Bud to report on a consultation with the elder law attorney.  Instead of selling Mom's home or using all of her savings to privately pay the supportive living facility bills, there are a number of different options which can be used to protect Mom's current home and other assets.  Moreover, when fully-implemented, the options will shield the home and assets from liens and claims, and even avoid probate.  These options involve little-known or understood strategies the elder law attorney has developed over the years and has successfully implemented in hundreds of other cases.  Mom asked the attorney, "Can you really do this? Can you really preserve some of my savings for my children?" The attorney reassured her that the home and some of the savings can be preserved and that the strategies he uses are perfectly legal.  He explained that the strategies he uses, like the tax-reduction strategies other people use to trim or eliminate their income and estate taxes, are available through Title 19 of the Social Security Act for smart families so that they can make good choices and avoid an unnecessary reduction in family assets.  The catch is that the Title 19 laws, like the tax laws, are very complex and confusing, and without the help of an experienced and knowledgeable advisor, can lead to very expensive mistakes.

            Sis tells Bud that she is convinced that this is something Mom should do, because it will allow Mom to maintain her independence, while getting her the care she needs.  It also will allow the family to have flexibility to deal with new situations as they may unfold.  It will avoid the physically and emotionally draining chore of caring for Mom, and the stress of Sis putting her own life on hold caring for Mom.  More importantly, it will preserve Mom's quality of life, maintain her dignity, and give both Sis and Mom peace of mind.  Bud tells Sis that it is too bad Mom did not make the move to a supportive living facility several years ago, before Dad died.  Mom would have had professional help taking care of Dad.