Legal Question in Wills and Trusts in Wisconsin

Penny-wise and pound foolish; don't delay.

Don't be foolish; seek an elder law attorney in yourarea and get some advice. Your state's laws will not be the same as other states' laws anyway.

Bring the power of attorney document with you to seethe lawyer. Also, if you have some assessment of yourmother's mental competence in writing, bring that. Thengo see the lawyer.

Since you've written to this forum, you may have some problemwith going to see a lawyer. In that case, I suggest you boldlycall a few (but make sure to stick to those who call themselves elder law attorneys, please, as perhaps a greedy lawyer who isreally a novice in a specialized area of the law might not admit (or realize) his limitations. See what organizations they maybelong to: NAELA (Nat. Assoc. of Elder Law Attys) is best for thisNEPA (National Estate Planning Attys) are two of the big ones and there are local organizations and local groups of the local bar associations, too. Some states have actual specialty licensingof their attorneys.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Mother In Nursing Home

It appears as though your mother is currently a private pay patient in the nursing home. Until her assets are spent down, there is no way to protect the assets due to the fact that Medicaid eligibility law requires any transfer of assets to occur at least 36 months prior to the time of nursing home admission. However, your mother under Medicaid eligibility law will be entitled to declare her residence as exempt along with all personal property in the residence, one automobile and the proceeds devoted to an irrevocable burial policy as long as these items are listed as exempt are listed as exempt on the Medicaid application. Your time would be well spent, and the recommendation is made, to seek further legal advice.

Your Mother in a Nursing Home

You should immediately consult with an elder law attorney in your state. There are important rules that apply to anyone considering gifts for the purpose of sheltering assets from nursing home expense. It is currently a federal crime to gift assets or assist someone in doing so for the purpose of gaining eligibility for Medicaid.

Mother in Nursing Home

Consult an "elder law" attorney in the state where your mother lives; rules pertaining to the MediCaid program vary from state to state.

The law usually allows some assets to be exempt, and often allows for transfers, but the rules must be followed! Also, if one transfers something incorrectly, it may be impossible to later "fix" or "undo" the transfer.

In short, the counsel of an experienced elder law attorney should be worth the time and expense--most charge for the first consultation, but you should walk away with valuable information, and you'll know if there's anything that can be done to safeguard your mother's assets.