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Caring for 95 year old father
Old 06-28-2013, 11:45 AM   #1
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Caring for 95 year old father

I hope this is the right forum (mods feel free to move as needed).
I'm the youngest of 3 children (56) and just had a panic attack when I read something about elder care on another board. I hope someone here can point me in a good direction.

As the topic says my 95 year old DF is currently in assisted living, he lives close to my DS who does all the daily helping (DR. appointments etc.).

DF has pension and SS of about 3K monthly, and 500k in funds. He's currently withdrawing 2K a month from the 500K. The problem is he insists on giving to every charity, church and organization that needs money. DS says last month he gave out $1,700 this way. Our concern is when it comes time for LTC and Medicare to kick in will they look back over the last 5 years of charity and treat it as gifting?

Also he's in PA. and I remember a recent post about some states coming after heirs to recover for Medicare. PA was one of them.

Thanks for any advice,

MRG
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Old 06-28-2013, 11:49 AM   #2
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I don't know if this pertains to your comment about states coming after heirs to recover for Medicare, but my mother's estate (she lived in New Jersey) sued for negligence leading up to an injury my mother sustained before she passed away. After four years, the case was finally settled, and a thousand dollars or so was diverted from the estate's share of the settlement to Medicare, which had put a lien on the estate in the interim.
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Old 06-28-2013, 12:29 PM   #3
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You may want to talk to an elder care attorney in your area. The question that I would want to understand is if the Medicaid 5 year gifting rules are being enforced only for gifts to family members and the like, or if bona-fide charitable organizations are also being restricted.

Some other questions that you may wish to reflect on include:

Do you think if he did not gift the money each month that he would have enough for LTC for the rest of his life without resorting to Medicaid?

Also is the 3K /month that he receives now enough to cover his current living expenses?

Are you concerned that you Dad is psychologically unfit when making these contributions?

Assuming that his is good psychological health, are you concerned that he is prioritizing the well being of these nameless/faceless charities over perhaps inheritances for his family members.

-gauss
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Old 06-28-2013, 12:46 PM   #4
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Quote:
Originally Posted by MRG View Post

DF has pension and SS of about 3K monthly, and 500k in funds. He's currently withdrawing 2K a month from the 500K. The problem is he insists on giving to every charity, church and organization that needs money. DS says last month he gave out $1,700 this way. Our concern is when it comes time for LTC and Medicare to kick in will they look back over the last 5 years of charity and treat it as gifting?

Also he's in PA. and I remember a recent post about some states coming after heirs to recover for Medicare. PA was one of them.
You don't mean Medicare, I don't think? I believe you mean Medicaid.

Look up filial responsibility and Pennsylvania.

I think I read something about a concern in Pennsylvania about nursing homes in Pennsylvania coming after children when the elder does not have money and does not apply for Medicaid.

I don't know that much about this, however. Suggest you consult with an elder law attorney
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Old 06-28-2013, 01:14 PM   #5
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After getting the facts, you will need to have a little chat with Dad to make sure he understands the potential consequences of his actions. He has a right to spend his money how he wishes, bu I'm sure he would not wish you to be indebted because of his choices.
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Old 06-28-2013, 01:23 PM   #6
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State laws vary, but it is possible that the state could enact a penalty of non-covered care for the gifting. If he's giving away $1,700/month, run, don't walk, to an elderlaw attorney.

We are dealing with medicaid/elderlaw attorney now with FIL's issues. You may initially gasp at their hourly rates, but in the long run they're worth every nickel.
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Old 06-28-2013, 09:17 PM   #7
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Thanks to all, I've found information about how PA. has come after children, when parent was indigent.

We plan on having evaluations done next week for on DF. ability to manage his affairs. Meanwhile I've convincved DS we may need elder care attorney, there is an attorney DF uses, but I don't believe he's an elder care attorney.

Thanks you are all terrific. Many thanks for all the great advice.

MRG
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