Legal Question in Elder Law in Illinois

If my 91 year old mother sells her home to generate funds to pay for rent in an assisted living apartment, will that affect the amount of medical bills that Medicare will pay? She has considerable medical bills (kidney dialysis). She has Medicare, and Blue Cross/Blue Shield as her suppliment.


Asked on 5/31/10, 10:13 am

1 Answer from Attorneys

Insufficient facts but here are some basics. She is entitled to her medicare (and BC/BS as long as she pays the premiums). What happens here is a legally required "spend-down". She must use up her own funds. Once she has used them up, then she can apply for public aid. Until then her services should not be compromised as long as they are medically necessary. Once she is on public aid, services could be compromised unless a third party guarantees payment. If she has an idea of how long her sale proceeds will last, she can start the public aid process so that there is no gap in services. Has any thought been given to help in the home; assisted living custodial care is not eligible for public aid. I would suggest she (with you) or you if you are going to be her caretaker, talk to your local social security office about these details, or talk to the social worker at the assisted living community she has in mind, to set all of these things up and get the details she (and you) will need to make sure that her living arrangements and medical needs are secured.

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Answered on 6/01/10, 8:34 am


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