Q: How can I get my indigent ex-husband on Medicaid in Florida? he is recently diagnosed with Parkinsons/dementia.
My ex is 67. His only assets are $1500 in SS and a condo in Ft Myers worth 50K. He has recently been diagnosed with Parkinsons/dementia and is now wheelchair bound. In July ex went from a SNF in Ft. Myers to an AFCA house for 2K/month, but this is a temporary situation, and one he can't afford for long. My only interest is saving our 30 year old son from his now needy dad and predatory elder care lawyers. One lawyer took 5K for a flat fee to get the ex on Medicaid, and we just found out he did nothing, but told my son it takes 18-24 months to get on Medicaid, suggested he take his dad to PA, and that he (my son) should become his father's guardian by getting POA for both financial and medical issues. I do not want my son to become financially burdened by his dad as he is just starting his life/career. Should he accept POA? Could I do it? If we just stay away, will the state step in? Could use some advice about indigent elderly care in Florida.
A:
This site is a free service that we lawyers donate our time to answer basic legal questions for folks like yourself.
This situation is quite complex and there is not a simple answer via this type of forum.
Also, I have no idea what a "Predatory elder care attorney" is but the generalization is offensive. I'm not sure why you ask for free advice and the insult the people you are asking for help from.
I wish your son good luck.
A:
Your ex should hire an estate planning attorney to see if he is competent to execute DPA and health care surrogate to his son if that is the person he would choose. If your ex is still competent, then that is the best route--for him to sign advance directives and avoid guardianship. If he is not competent, then your son should consult with a guardianship attorney.
If your ex has signed a DPA, whoever he has named can complete the Medicaid application for him. If you do not want to work with an elder law attorney to apply for Medicaid, then you can ask for the assistance of the social worker at whatever skilled nursing facility you decide upon.
If your ex has income below the income cap and assets below the asset cap, the Medicaid application process will not be too complicated. There are also published guidelines online that explain the income cap and asset caps and also the Medicaid application can be completed online. It is important to file the Medicaid application in the same month that the patient is admitted to the SNF. Once approved, the Medicaid benefits are retroactive to the month of the application.
Shop around and find an estate planning attorney who charges reasonable fees for meeting with your ex and preparing advance directives if he is competent. There should be many attorneys in your area who can assist you.
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