The Listen to Lawrence Letter: Are monies in a trust always protected?

DAVIDOWLAW Blog Post

Dear Clients and Friends:
This next question allows me to continue to highlight the positives of the Irrevocable Medicaid Trust. Although most people do know the basic intent of this type of trust, they may be uncertain when it comes to the specifics especially when they read or hear certain things that spark fear.
That’s why I’m here for you! I’ll answer your questions so you can move forward with peace of mind and a clear direction like I did for this person.
CLIENT QUESTION:
My mom is in an assisted living facility and her dementia has worsened and they want to move her to their dementia floor, which of course costs more per month. Since her monies are now protected in a trust, I was now thinking of moving her to a Medicaid nursing home facility. I read recently that after she passes, the state will look to recoup monies from the trust. Can that happen? I thought monies in a trust were protected forever? Your firm set up my trust so if you can let me know if this is a reality I will face, I would appreciate it.
MY RESPONSE:
First, I am sorry that your mom’s condition is worsening. It is a very hard thing to watch. Hug her every day.
We all know that these assisted living facilities are popping up all over the place. They can be wonderful but they are not inexpensive and become more expensive when you move to a memory care unit within the facility. Why? Because dementia patients require more supervision. Unfortunately, Medicaid rarely pays anything towards the cost of an assisted living.
Medicaid does pay for a nursing home, provided you are poor enough. Obviously, from your question, we created an irrevocable Medicaid trust for your mother and her 5-year lookback is over. If she otherwise has less than $15,900, she will be eligible for Medicaid at this time so come in and let us guide you through this sometimes overwhelming application process.
Now the good news: Medicaid has no right to reimbursement from these trusts. Period!
I hope this helps! Please forward this information to your friends and relatives to share these informative answers to some very commonly asked questions.
And, if anyone you know would like to receive this
Listen to Lawrence Letter, just have them email me at
info@davidowlaw.com and I’ll add them to the list!
As always, please send me your questions. If you are thinking about it, others are probably too, so my answers will no doubt help you and many others.
Let’s stay connected.
Stay safe!
Until next time…
peace, health and happiness,
Lawrence Eric Davidow