Letters | If Shakespeare Had Written Legal Advice…
Better To Light One Candle Than Curse The Darkness
Like A Presidential Press Conference: Typographical Errors Ignored – Punctuational Poltroonery Preserved And Not Legal Advice!
“Neither A Borrower Nor A Lender Be” – Shakespeare
Am I responsible for my husbands credit card debt if the cards are only in his name?
My husband is in a Medicare skilled nursing facility and is receiving SSI disability and is expected not to recover. Am I responsible for his credit cards that he took out in his name only?
Accurate Answer: You are not responsible for your husband’s debts. That is because the credit card company loaned money to your husband, not to you. One hopes you do not feel any twinge of responsibility for his debt.
Problematic Puzzle: Why do credit card companies issue credit cards to older folks who have no reasonable ability to pay them back? Fact: Most older folks are basically honorable. And don’t go bellyaching and begging for debt “forgiveness.” Does the immediate 3-4% credit card fee on everything folks buy on the credit card have anything to do with it? Hmmmm.
Obnoxious Observation: Our correspondent states that her husband in in a “Medicare skilled nursing facility” and “receiving SSI disability.” Probably not. Medicare only pays for a short (20 days) period of rehabilitation. Then you have a $200/day co-pay for the next 80 days.
But Medicare will boot you off rehab before you get the 20 days, so don’t worry about the next 80. Appeal all you want. You will lose. So, husband is probably on Medicaid. And when Social Security figures that out, the Supplemental Security Income (SSI) will vanish. And if anyone tells you that you’ll get 100 days of nursing home on Medicare, feel free to roll your eyes.
“Venus Smiles Not In A House Of Tears” – Shakespeare
Can the next door neighbor sell my friends house , I have a will, he is in nursing home?? My friend is in a nursing home with a brain tumor I am in his will, his next door neighbor wants to sell his house, can he?
Educated Guess: Next Door Neighbor is the guardian/conservator for your friend. OR Your friend has given Next Door Neighbor a financial power of attorney with real estate provisions.
Accurate Answer: Next Door Neighbor has the authority to sell your friend’s house, whether that authority was granted by the Probate Court or by your friend directly. It is common for folks to sell all their stuff when the $10-15,000/ month nursing home bill arrives. It is not usually a good idea, but it is popular. And there you have it.
In Case You Were Wondering: The will has nothing to do with any of this. A will is simply instructions to the Probate Court after the testator (person who made the will) has died. After the person has died. Not before. After death. Postmortem. Will don’t mean a thing.
Until you have died. Period.
“The World Is Not Thy Friend, Nor The World’s Law” – Shakespeare
Can I keep getting my medicaid insurance if I inherent money from a lost parent
My mother recently passed away and left me some inheritance. Medicaid insurance is stating that if i have over 2,015 dollars in my bank account i will lose my insurance. I am
almost disabled and have to have my insurance. This does not make sense to me.
Could you please help me understand if this is right. Thank you
Accurate Answer: Most Medicaid programs for older folks, including the one that pays your Medicare premiums, have an asset limit. The limit on “countable assets” is usually $2000. Countable assets include cash, real estate that is not your homestead, a second car, gold bars, and other items of value. So, if you have $2015 in the bank, you are over. And with Medicaid, over is over. If you are over by one dollar, you are over. If you are over by one million dollars, you are over. And then you lose your benefits.
Shopping Suggestion: Go to the grocery store. Buy a gallon of milk, a loaf of bread, 2 dozen eggs, a stick of butter, 2 pounds of hamburger, a couple of apples. Or one bottle of wine. There. Now your bank account is below $2000! You are welcome, sir!
“Love Is Like A Child, That Longs For Everything It Can Come By” – Shakespeare
What is the best way for me to legally get paid for caring for my bedridden mother 24/7 who draws SS? She lives with me now, and I provide 24/7 care for her, changing her diapers, providing her meals, setting her up for her meals, brush her hair, clip her nails, wash and fold her clothes, pay her bills, etc. My power bill is taking a hit due to the TV and oxygen condenser constantly running.
Would charging rent be the best way? She does have a separate POA person.
So, mother doesn’t mind paying me. Is there a limit to what I can charge? I know the nursing homes take the entire check less $30, then they take that if you want to watch TV in the room to pay the cable bill. So, all my mother needs is to be taken care of, and whatever she needs, I can buy her.
Accurate Answer: In Michigan, the Bridges Eligibility Manual was rewritten years ago to make it virtually impossible to pay a family member caregiver. There is a procedure, but it is so convoluted that regular folks living regular lives will not be able to qualify.
Parent paying rent is a different story. But. Involve a rental property management company or real estate agent (get two of ‘em!). Get a written opinion. What is the market rental for the square footage mom will occupy in your home. Get it in writing.
Do not pay for mom’s stuff. Do not pay her cable bill. Or for her groceries. Or anything else that mom would have to pay for herself. Mom’s expenses have to come from mom’s pocket. This is a trap for generous kids. Over and over. You go to the grocery store. You buy the stuff on mom’s list. You pay for it all. You circle mom’s stuff on the receipt. Mom reimburses you. But because mom has no legal obligation to reimburse you, it will be treated as a gift. And mom will be penalized. So. Use mom’s debit card at the grocery store. Have mom pay her own cable bill. Otherwise, when (if) mom needs long-term care, Medicaid will say she has been giving her money away. And Medicaid will hit mom with a penalty period. Not good.
Will Your Kids Unite In Thanksgiving?
You Worked Hard, You Played By The Rules
Is It Bad For Your Family To Get A Bit To Be Thankful For?
Did You Leave Your Loved Ones A Belly Ache Of Stale Candy?
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
Is Now A Bad Time For A Real Solution?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all.
It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
