Iv'e started to do some research regarding Medicaire for my mother-inlaw' as she has AD and is fastly approaching the time she will have to have care or a nursing home facility. She is not on Medicaire currently, but doesnot have any financial means to pay for nursing care. About 20 years ago, inorder to safe guard her assets, I set up a Irrevocable Trust, which my spouse and her sister are the executors of this trust. The trust is called a special need trust. My question is this trust considered countable or non-countable assets for the application of Medicaire. We are planning to visit with an elder care attorney as well, but any info would be appreciated. Also what is the look back period for FL.

peppersalt. it is good to meet you. hope you will introduce yourself in the newcaregivers room so everyone will get a chamce to say hi and welcome you. i wish i could give you information to help you but it is something i have no knowledge of. sometimes the weekends here can be somewhat quiet so hang in there. someone will be by who may know more and be able to answer some of your questions. the attorney is your best bet in any case. they are the real experts to guide you in any legal matters. you have come to a group of folks who are an encyclopedia of knowledge and personal experience. you will find them compassionate and caring. hang in there until others wander in. take care.

peppersalt, Hap is right on this, you need to find out from an atty. There are many kinds of trusts. Dad set one up for my Mom, but it would not count as hers, because it isn't. Dad left it all to my brother and me, but as long as Mom is alive, she gets the income, and the principle can only be touched if she has needs that cannot otherwise be met. So, it belongs to us, we can't touch it, or use the income. If one of us dies before Mom, the other becomes the sole heir, my interest in the estate would not go to my heirs.

They can be worded so differently, if you set up the trust, perhaps you can recall, whose money is in the trust, and whose will it be if she never uses it. That is a clue, but not the whole story. I would just keep a list of all questions coming up for the atty so that I don't forget anything, that is the person whose answers will count.

This message has been edited. Last edited by: Bobcat,

Thanks for replies and most need information. Based on some of the research that I have done, an irrevocable trust "special needs" is not considered as countable assets, but when the reciepent is deceased after being OK'd for Medicaid and being in a nursing facility, any remianing monies have to be repaid to Medicaid. I guess this is the part that I find very confusing. I still intend to visit with an eldercare attorney for further advice and legal interpretation. This whole thing is really mind blowing, when you only want to to do the best thing for a relative and keep the same quality of living that they had before. Again thanks for your comments and concerns, if and when I get additional information, I will post any new information that may be of help to others. Again thanks.

Are the "special needs" spelled out in the trust?
The eldercare attorney should be able to tell you what you can use this for, as has already been stated here. I wish you luck.