OT: legal/elder care question

[98Uconn]

I'm sorry if this is posted in the wrong place as I'm not savvy on the rules.
I have a quick question about law/elder care and was looking for advice.
My mother in law passed away this year and my father in law has had to move to a progressive care "apartment" as he's not able to live alone although he is in fairly food health for an 82 year old.
We are in process of selling his home (Pennsylvania) because he won't be able to live ether alone any longer.
He was interested in using proceeds of the sale to purchase a home in Delaware to serve as a vacation home for family members as well as a place we can take him several times a year for a week or two at a time.
Our concerns are 1) is this allowed as he's currently residing in nursing home 2) as of now, unless he needed increased care levels, he would easily have enough money to cover 5 years in the home which would get him past the 5 year PA Medicaid look back, should he eventually run out of funds regarding the vacation home purchase. He sees this as a potential way to preserve something for his family for the future.
I know I need to consult an attorney but was hoping for some basic guidance in advance.

 

[F101Voodoo]

I'm sorry if this is posted in the wrong place as I'm not savvy on the rules.
I have a quick question about law/elder care and was looking for advice.
My mother in law passed away this year and my father in law has had to move to a progressive care "apartment" as he's not able to live alone although he is in fairly food health for an 82 year old.
We are in process of selling his home (Pennsylvania) because he won't be able to live ether alone any longer.
He was interested in using proceeds of the sale to purchase a home in Delaware to serve as a vacation home for family members as well as a place we can take him several times a year for a week or two at a time.
Our concerns are 1) is this allowed as he's currently residing in nursing home 2) as of now, unless he needed increased care levels, he would easily have enough money to cover 5 years in the home which would get him past the 5 year PA Medicaid look back, should he eventually run out of funds regarding the vacation home purchase. He sees this as a potential way to preserve something for his family for the future.
I know I need to consult an attorney but was hoping for some basic guidance in advance.

Get an attorney. Old adage “ only a fool is his own lawyer or doctor”. We had a similar situation nearly 5 years ago. My attorney ( with a consult with an elder care attorney) did all the legal stuff- quit claims, updated wills, power of attorney, DNR, joint accounts set up etc.

Don’t count on internet lawyers get a real one.

 

[98Uconn]

Get an attorney. Old adage “ only a fool is his own lawyer or doctor”. We had a similar situation nearly 5 years ago. My attorney ( with a consult with an elder care attorney) did all the legal stuff- quit claims, updated wills, power of attorney, DNR, joint accounts set up etc.

Don’t count on internet lawyers get a real one.

Thank you.. I will. Was just hoping for some insight first so I had some knowledge going in.

 

[OUTATIME]

I'm no lawyer, but I did stay at a Holiday Inn last night so I say go for it.

 

[F101Voodoo]

I'm no lawyer, but I did stay at a Holiday Inn last night so I say go for it.

Must be a St Johniies fan!

 

[OUTATIME]

Must be a St Johniies fan!

Not a chance. Bleed husky blue!

 

[F101Voodoo]

Not a chance. Bleed husky blue!

Just teasing ….. last time I gave blood it was Husky Blue also.

 

[Rocktheworld]

I think whether or not he’s allowed to take “vacations” from the facility depend on a few factors

What the state allows
What the facility policy is
Why exactly he needs to be in said facility, and what level of cognitive and/or physical support he needs; and if they believe they can trust you to manage him outside the facility.

 

[F101Voodoo]

I think whether or not he’s allowed to take “vacations” from the facility depend on a few factors

What the state allows
What the facility policy is
Why exactly he needs to be in said facility, and what level of cognitive and/or physical support he needs; and if they believe they can trust you to manage him outside the facility.

A lot depends on what medical / mental condition the person is in. My guess is that in most places if you take a person who requires medical care even temporarily you accept the liability of injury or illness and you defacto grant hold harmless to the facility during the course of the outing assume liability. But then my mind is warped from too many years in the insurance industry were we think ‘not covered claim’. you pay not us.

Oh yes I almost forgot “Claim Denied.”

Sort of joking we always paid our claims honestly and according to the policy and the insurance laws of the state.

 

[MyDorona]

I'm an estate planning attorney in NY, but I'm not your attorney and I'm not admitted in PA or DE. You should consider setting up a revocable trust and placing any future property in that trust. This would avoid any potential Medicaid look-back down the road, and also provide an estate planning mechanism to avoid probate.

 

[MyDorona]

Sort of joking we always paid our claims honestly and according to the policy and the insurance laws of the state.

Good one lol

 

[WestHartHusk]

I'm an estate planning attorney in NY, but I'm not your attorney and I'm not admitted in PA or DE. You should consider setting up a revocable trust and placing any future property in that trust. This would avoid any potential Medicaid look-back down the road, and also provide an estate planning mechanism to avoid probate.

You all have it easy: this is the answer to 95% of estate-based questions.

 

[AZHuskiePop]

I'm sorry if this is posted in the wrong place as I'm not savvy on the rules.
I have a quick question about law/elder care and was looking for advice.
My mother in law passed away this year and my father in law has had to move to a progressive care "apartment" as he's not able to live alone although he is in fairly food health for an 82 year old.
We are in process of selling his home (Pennsylvania) because he won't be able to live ether alone any longer.
He was interested in using proceeds of the sale to purchase a home in Delaware to serve as a vacation home for family members as well as a place we can take him several times a year for a week or two at a time.
Our concerns are 1) is this allowed as he's currently residing in nursing home 2) as of now, unless he needed increased care levels, he would easily have enough money to cover 5 years in the home which would get him past the 5 year PA Medicaid look back, should he eventually run out of funds regarding the vacation home purchase. He sees this as a potential way to preserve something for his family for the future.
I know I need to consult an attorney but was hoping for some basic guidance in advance.

Get a trust made up by a firm that does that. The Delaware property should not be in his name. Access to cash for expenses can also be an issue. The trustees should all be on the same page. He will be probated regardless but if he has nothing it’s a lot quicker.
The laws of each state can be different but a 5 year look back seems to be the norm.