Medical care question
My 81 year old father in law is ill with cancer, we moved in with him 8 years ago when his wife died. He owns his home outright and has assets in the bank which were left to him by his older brother a few years ago. He has terminal bladder cancer and some other health issues. He has spent 40 days in the hospital, had a stroke, heart attack (double bypass was done) and was discharged from the hospital with no care plan in place (we were told to get a church lady to stay with him) Insurance will not help us with money for his care, he does have a pension but it is 2000 a month, not enough to get care for him for the full day while we are gone at work. My husband may have to leave his job as we cannot afford to spend more than his pension for someone to come in and care for him. If my husband leaves his job, to stay home and care for his father (who insists that he needs no help) he is weak but has his wits about him, i am concerned for my husbands health. Is it true that unless the state takes his assets he cannot be put into assisted care or a nursing home using only his medical benefits and his pension. We could really use some advice and will be glad to see an elder care attorney but need someone in Suffolk Cty.thanks
1 Answer from Attorneys
Re: Medical care question
What a terrible situation; you are right to be concerned about your husband's well-being.
The rules are that if dad does not have the money to pay for a nursing home, then Medicaid will pay. Yes, dad's pension will have to go to the nursing home, and then Medicaid will pick up the rest. The money in the bank will have to be spent towards the cost of care until it runs out (that's when he'll be impoverished). Dad gets to keep the home until after he dies (probably), at which point Medicaid will want to get their money back from the sale of the home (maybe). These are the general rules, but Medicaid is very, very tricky and I'm leaving a lot out because each case is fact-specific and the Medicaid rules vary from county to county.
Good luck.
Rick Bryan
New York, NY
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