u/idkmyname4577

Location: Florida, but irrelevant

The time some of you have taken to provide detailed answers to posts has really impressed me. I feel like it is more often, than not. I think this is actually one of my favorite subs, just for that reason. I can’t say that Estate Planning is part of my life very often, however, I enjoy learning and the information I’ve gotten from here has
benefited others (and therefore the industry bc they have engaged Estate planning attorneys). I just wanted to say thanks and it’s appreciated!!

Florida is perhaps shockingly I’m very Medicaid friendly state for a long-term care. It allows QIT‘s and retirement accounts in pay status are exempt as countable assets. I have questions about both situations and would like opinions.

I have read various attorney opinions, the state statute and the ICP Medicaid policy manual pertaining to QITs and am puzzled. If someone has multiple smaller sources of income and 1 to 3 of them could be left outside of the QIT and still easily qualify for ICP Medicaid, why would an attorney insist on all of the sources of income going into the QIT? I realize that ALL income goes towards share of cost/patient responsibility, but if the SOC/PR amount is less than the total amount of income, why not leave it outside of the QIT to help pay some of the household bills? I understand that the following month it will become accountable asset, but as long as it’s under $2000 by the end of the month, it should be fine, right?

I have a similar question about retirement accounts and pay status. Again after reading multiple attorney opinions, the state statutes and ICP Medicaid policy, it would appear that the only requirement to exclude a retirement account from being a countable asset is that you be receiving regular monthly payments. There doesn’t seem to be a requirement as to the amount, percentage or that all RMD be paid or go into the QIT. The RMD fairies/IRS care about RMD. Medicaid only cares that the account is in pay status. Would you not be able to take say a monthly distribution of $50 and the rest as a lump sum to pay down the mortgage on the primary Homestead Exempted home? Converting an exempt asset into another exempt asset is allowed and I’ve already been told that I can pay the mortgage from the IRA without an issue. The issue will come from the IRS if I take a lump sum in addition to the RMD… It seems irresponsible, from a fiduciary standpoint, to put that money into a QIT when it could go towards the house…

There is a disabled child and a HE home with long-standing deferred maintenance issues that need to be addressed. The home cannot be sold until after the parent dies (but would like the child to be able to live in) and if the maintenance issues are not taken care of quickly, the home will not be habitable. The attorney is strictly focused on getting Medicaid approved, not really about the disabled child piece. They previously made the comment that there were other assets that could pay for the house. And while that is true, it will eat up every last dollar and then the child will not have money to maintain the house or pay the bills later on (and will end up on Medicaid prior to needing nursing home care as an elder- which is a big reason behind the disabled child transfer exemption). Additionally, that would create a tax burden.

I will absolutely discuss this with the case manager at the attorney (it’s annoying that I can’t ask the attorney, as he was the reason we chose him/his firm- he is an outside of the box thinker), but I wondered if anyone else had encountered a similar situation or could enlighten me to something that I’m missing.

Please be gentle…I’m dealing with a parent & step parent both with dementia- one currently in the hospital and one in the nursing home, a disabled sibling and a crumbling home (not mine), on top of my own life I’m trying to hold together… Thank you in advance!

I am the court appointed legal successor guardian of a ward who is incapacitated. I am simply trying to get a copy of the insurance policy on the home to make sure that it is adequate. I am not trying to change it in anyway. I have submitted certified copies of the letters and orders of guardianship to both the insurance agent and the parent company along with my request for a copy of the policy. I cannot seem to get a copy of the policy from either party. If I were the policyholder they would issue it, without a problem. How can I get them to recognize that my requesting it is no different from the policy owner, short of having to go to court and a judge issue a specific court order to compel the insurance company to release a copy of the insurance policy?

Location: Florida

Is it standard when transferring assets into a Trust to run them through the attorney’s escrow account (at an additional fee)? Does it depend on the type of Trust?

Is it standard to request the fee for services prior to explaining that there will be further fees to implement the plan?

Can you be referred out to Community Care if you don’t have a primary doctor, under the Mission Act? I’ve been trying to get an appointment for my dad for more than a month, but there have been hiccups. I just came across an old post mentioning this, so I thought I might be able to apply it to our situation… Does anyone know?

Help! I need someone to break it down like I’m 5 bc I am overwhelmed and have been told something different by every person I’ve spoken to at the VA (and there have been a lot). I have made a little progress, but it’s taken months and many, many, many hours on the phone/trying to research. Here goes nothing…

- My Dad has been enrolled in VA healthcare since 2001, but has never used it.
- Dad does not have a primary doctor because of this.
- I believe he may have be recently assigned to the gerontology team/unit (I have to check on that tomorrow), but he still doesn’t have a doctor.
- He is not service connected (yet), but currently Group 5 and on the verge of Group 4 (I need to turn the form in- I put it on hold…more on that at the end)
- He is currently in a nursing home privately paying which is unsustainable.
- At the very least, the VA will cover his medicine, but I have to figure out how to get that going. I believe that’s where Community Care comes in?
- The nursing home is less than helpful.
- The VA social worker told me to just go as a walk-in to the VA (hospital? clinic? Idk if it matters which?). I believe from there I would be asking the doctor to be connected to Community Care?
- I have BIG concerns about walking in without an appointment (but maybe it depends if you don’t have an assigned team?)… 1) I’ve heard not to do it. 2) I’m very unfamiliar with the VA and departments, acronyms, etc., where to go and when I’m being sent to the wrong place. 3) Dad has dementia, a PEG tube, is in a wheelchair and incontinent. I am not equipped to handle an all day excursion…or anything that goes off script with Dad, if I’m being honest. 4) Getting him there requires me to hire transport (and potentially a CNA), which the VA won’t help with (or at least not initially- if the nursing home would help coordinate, they could, but they won’t), so I don’t want to hire transport only for him not to be seen. 5) I’m disabled myself and wear out/end up in pain easily- which will leave me in tears because if I’m not home, I can’t use the good drugs (or lay down) and that just adds to the ish show…
- I can’t use the online portal to message/make appointments/ask questions because I can’t get beyond the verification part and Dad lives 2 hours away, so I have to be there in person for that to work- and there are still hiccups with the verification.

Our situation is far from standard, which is why no one seems to be able to give an accurate answer and I can’t just put him in the car and go- as most people like to suggest. 🙄

As far as the catastrophic disability, I’ve read that in order for the VA to pay for long term care, you have to have been an active user of VA healthcare in the 2 years prior to being declared CD (which is why I have not turned the form in yet). I’ve also read that you can just reestablish and that it’s not a definitive barrier. However, I’ve also been told you have to be 50% or 70% service connected, not just CD, but that doesn’t make sense bc that would put you in a higher Priority Group anyway. I also haven’t seen where it says CD isn’t enough on its own. I realize there are different pathways to getting assistance, it’d just be nice if I could find the definitive flow chart…

If anyone has ACTUAL knowledge of how I should handle any part of the situation, I’d appreciate the input. I’m beyond frustrated and literally about to give up…and that is NOT how I roll…

I was also told that even though I’m his legal guardian, I can’t go to the VSO without him starting the conversation. I was told this by a VA social worker. I questioned it, but she was pretty adamant…

Thanks in advance!

I’m hoping to come across someone who either works for Social Security or someone that has been in my situation… Fair warning it’s complicated (ie a lengthy post).

I am my father‘s guardian, but do not want to be his payee, if I can avoid it. My mom is willing and able to be his payee, which will make things easier. As the guardian, according to POMS, I am legally entitled to information about my ward including financial information, even though I am not the RP. I was told that I could mail my letters and orders of guardianship into the field office, because appointments were three weeks out.

It has been more than three weeks since my paperwork was received by SSA. It has yet to be put into the system, let alone assigned to someone. I was then told to fax it in because that at least gets it into the system even though it still needs to be assigned to someone. However, when I faxed it the facts apparently only accepts black-and-white, so the certification of my letters and orders of guardianship, which is in color, is apparently not acceptable.

My mom just had surgery and cannot drive therefore going in person to a representative payee appointment is difficult for her. She was previously approved for a virtual appointment, but when it came time for the appointment, they told her she needed a doctor’s note, even though it had previously been approved by a supervisor and no one bothered to mention. So now it will be an additional three weeks and they are pushing for it to be in person, even though she can’t drive. They want us to go in to the field office together, but due to my own disability and the fact that I live 2 1/2 hours away, that is unrealistic.

In order to hold the previous guardian/RP accountable, I need information from Social Security that I seem to be unable to get. I was finally able to get his benefits from continuing to be paid to the previous guardian who failed in her duties. I am told that I can’t be listed as guardian if I am not also representative payee because there is nowhere to put two people. However, that becomes a problem for Medicare, because the representative payee has nothing to do with Medicare, but Medicare pulls its information straight from Social Security and they will not change it. And again the Representative Payee is not entitled to any medical information from Social Security, which as the legal guardian, I am. The last representative that I spoke with at SSA told me that only the RP is entitled to information, but I provided her with POMS policy that states that is not accurate.

While I realize that SSA is trying to look out for beneficiaries, it took me three phone calls to get the previous RP/guardian removed despite the fact that a representative payee account had never been set up for the ward, as required by SSA, she no longer has access to the bank account that the Social Security payment goes into and she took tens of thousands of dollars from the Ward after her legal authority ceased. It took me three phone calls explaining this to SSA reps to get her removed as RP. Surely out of the millions of people who receive Social Security benefits, and the thousands of people that have guardians in the hundreds of those that are not also the representative payee, someone can help me figure out how to get this worked out. If it were just one or two of the issues, it would be easily handled, but the totality of them is what is causing the issue… For the most part. Thank you in advance!

I need some help and I’m hoping someone without skin in the game, will give me an honest answer… I am having to deal with my parent’s home… The AC has not been maintained and the home began growing things in the closet. The filters were immediately changed (they hadn’t been for a year before that 🙄). The electric bill has also substantially increased (although someone has been staying there about 1 week a month and doesn’t turn the thermostat up when they leave for the day 🙄- I don’t feel like that should cause the bill to double what it was when someone was living in the home…). I was in the attic (where the handler is) and could feel the air coming out of the duct work (we had a company come out prior to that- they didn’t re-seal the handler and we were not air conditioning the attic prior to that). I taped up the spots that I could feel AC coming out of with the silver metallic tape. The closet growth appears to have stopped, however, the vent grates that previously had appeared to remain clean through all of this, now appear to have some type of matter on them. The home doesn’t smell moldy or musty in general. There has been a moisture issue in the home for YEARS, but the home never grew things until recently. The moisture issue is currently being corrected. I want to have the ductwork cleaned. If the moisture problem is fixed, and there is no more food for anything to grow, will having someone brush/vacuum the ductwork be enough or will chemicals need to be involved? I don’t need scare tactics. I just need honesty. The home is in a very humid environment. Do I need to have the compressor or handler cleaned, as well? I’m assuming that isn’t part of what the duct cleaning company would do… What should I look for when hiring a company (other than insurance and reviews). Thanks in advance for reading my novel! 😆

I have a situation and I’m not entirely sure how to handle it…

I have legal authority over my parental unit (PU). It is their home that I am dealing with. The home has had the same policy for years. The PU is currently in a facility and may be able to return home (that is the PU’s plan). I have my own home, but stay in the PU’s home often (and keep my own things there). I have mail and packages delivered there. However, it is not my “permanent” address. I have recently learned that if the PU is not living in the home, even if someone else is, that can be a hiccup with an insurance policy. Are there companies that are more flexible about this? Is it possible to add myself to the policy even if I’m not there full time and don’t have any claim to the title?

I’m not trying to beat the system, but want to ensure that there won’t be questions if something were to happen and a claim had to be filed. I’m also not trying to cause the rates to skyrocket…
Any advice on how I might handle my situation?

I have a situation and I’m not entirely sure how to handle it…

I have legal authority over my parental unit (PU). It is their home that I am dealing with. The home has had the same policy for years. The PU is currently in a facility and may be able to return home (that is the PU’s plan). I have my own home, but stay in the PU’s home often (and keep my own things there). I have mail and packages delivered there. However, it is not my “permanent” address. I have recently learned that if the PU is not living in the home, even if someone else is, that can be a hiccup with an insurance policy. Are there companies that are more flexible about this? Is it possible to add myself to the policy even if I’m not there full time and don’t have any claim to the title?

I’m not trying to beat the system, but want to ensure that there won’t be questions if something were to happen and a claim had to be filed. I’m also not trying to cause the rates to skyrocket…

Any advice on how I might handle my situation?

I have a situation and I’m not entirely sure how to handle it…

I have legal authority over my parental unit (PU). It is their home that I am dealing with. The home has had the same policy for years. The PU is currently in a facility and may be able to return home (that is the PU’s plan). I have my own home, but stay in the PU’s home often (and keep my own things there). I have mail and packages delivered there. However, it is not my “permanent” address. I have recently learned that if the PU is not living in the home, even if someone else is, that can be a hiccup with an insurance policy. Are there companies that are more flexible about this? Is it possible to add myself to the policy even if I’m not there full time and don’t have any claim to the title?

I’m not trying to beat the system, but want to ensure that there won’t be questions if something were to happen and a claim had to be filed. I’m also not trying to cause the rates to skyrocket…
Any advice on how I might handle my situation?

EDIT: Has anyone had bad reactions to inhalers for mild asthma?

I feel like I have read that there are certain medicines that people with dysautonomia should stay away from, but it may have been some other disease… I am overwhelmed with several pressing issues at the moment and need some help otherwise, I’d start digging in to research myself… Thanks in advance!

If an account had one person that was the registered person with access and that person was legally changed and a new signature card was signed, is there any reason that would allow for the original person to be able to withdraw money? I don’t mean using a debit card, atm or check. I mean go into the bank and get a cashier’s check.

I wouldn’t think there is, but I know there is a whole Code of Federal Regulations that probably applies, so…

What type of attorney litigates against banks? Are there subspecialties of that type?

I know there is a long list of specializations in the legal field. What type would litigates against a bank when they allow improper withdrawals?

For every one that has had their SNAP benefits drastically reduced I figured out why (potentially).

In my case I was receiving $298 (the max amount) and was reduced to $24. My income did not increase and my expenses did not decrease. The case worker would have appeared to have ONLY applied the standard deduction of $209 to my income and checked out.

I’m thinking that is what has happened to those of you that have had such drastic cuts. Not only were my excess shelter expenses not deducted, which unless you are disabled, are capped at $744; I am disabled, so there is no limit on excess shelter expenses. However, $744 in excess shelter expenses for someone that is not disabled is an additional $223 in SNAP benefits for 1 person.

Y’all need to send an email to your local State Representative’s office letting them know what is taking place.

Due to dementia, the veteran has had a legal guardian for the last several years. Prior to the guardianship the veteran quit going to his various specialists and just let his pcp refill meds etc., IF he even did that. The records from the specialists are gone. The guardian did not look into his medical past and essentially started from scratch with the memory care doctor. The pcp was newer to the veteran and the veteran/veteran’s spouse didn’t always provide accurate information. The pcp recently retired and was less than helpful prior to retiring. I have taken over as guardian and will be applying for VA service connected disability for the veteran.

Here is my question: How do I update the current nursing home doctor to the veteran’s conditions that have been largely ignored for years, but still exist, in order to ensure they are a “current” diagnosis and without overwhelming/irritating the doctor? They only allot minimal time for visits… AND would that be enough for the condition to be considered “current”?

I realize the VA will likely do a C&P exam, but we all know how those generally go… Due to limited mobility of the veteran, if I need to obtain a nexus letter from a specialist, they would need to review current records, since they would otherwise have to examine the veteran, which is not a possibility unless they make house calls. Am I thinking about this the right way or over-thinking it? Missing records could typically be fairly easily worked around, but the dementia piece creates logistical issues. The family can provide lay statements, but having the diagnosis be current is the hiccup I am trying to navigate. Thanks in advance!

There is a guy that will file suit against local governments when they fail to comply with the law. I’m hoping someone knows who it is off of the top of their head, otherwise I’ll do some research… He doesn’t do it for money, but to ensure that the law is being followed. I have a situation where a city contractor is profiting off certain disabled individuals that are explicitly exempt from payment under the law and the city is not enforcing the law. It’s mind blowing.

Hoping someone can help me. I’m trying to locate an old TPD report from 1990. TPD started microfiching reports in 1993 according to their website. They found a report from 1993, with the person as a witness, which makes me think they searched a computer index because otherwise that report would have been a needle in a haystack. How do I get the paper records searched? I have the exact date, location, etc. They say that’s all there is, but it’s been suggested (by an unaffiliated party) that it may be in a different department or I need to request a different type of search. I hate being the 🫏 requesting something that isn’t a “thing”, so hoping someone may be able to direct me…