I met with an elder lawyer recently. She came highly recommended by a friend. Needless to say, she charges a lot of money. What she's offering is to A) set up a trust so that we can hold onto at least 1/2 of my mother's assets, and B) to gather documents and file the application for Medicaid. I (the only child) have no idea what I'm doing as far as Medicaid and would love legal help like this. The fees will come out of my mother's account (but I haven't yet mentioned this to her). Those of you with experience in this area, is it worth the exorbitant fee to have a lawyer handle this? I certainly would not know how to create a trust, and the Medicaid application seems tedious and complicated.
If the lawyer is a certified ElderCare atty, I'd say it's worthwhile.
Also: "Half the money" is a vague term...Depends upon how much is half.
There is a top limit, although it is generous as I see it.
By all means get a qualified and WELL RECOMMENDED elder care atty, especially if mom has substantial financial means..
It is also a good idea to pay a fact-finding visit to your county social services department..You can speak to them without applying for Medicaid at the time of the visit...
Tip: Go to your social services office about a half hour before they open on a Wed morning. Be close to first in line...(Don't ask why I say this.)
Grace + Peace,
Bob
You can also speak with someone who already has Medicaid and see how they or someone they know can help you.
My mother had no assets, was renting, didn't own a car or much of anything else. Her only income was SS. She first needed in-home care and then eventually a nursing home. One daughter was able to complete the application, no sweat.
When it comes to a situation where there are assets to spend down and/or preserve, where there is a community spouse, where the monthly income is over the limit, where there is a disabled adult child, if assets are owned jointly with other people, if there is a reverse mortgage, if there has been significant gifting in the last 5 years, is there is anything at all not perfectly routine, then, yes, paying a lawyer is worthwhile.