questions & answers

Question: MY DEMENTIA MOTHER (age 80) IS IN A COURT BATTLE TO GET HER HOME BACK. HER SSA IS SAVED TO PAY BACK TAXES. ALTCS DISQUALIFIED HER BECAUSE OF THE MONEY IN HER ACCOUNT, WHICH WILL ALL GO TOWARD COURT COST. HOW CAN SHE GET AROUND THIS TO RECEIVE IN-HOME CARE?

Answer: An ALTCS financial specialist conducts a thorough evaluation of an Applicant’s assets and income and then applies a standardized formula to determine whether an Applicant qualifies for benefits (ALTCS is a financial need-based program). Savings accounts, when they exceed ALTCS limits, can prevent approval, but sometimes ALTCS allows “spending down” savings, e.g. for past debts including back taxes. However, large amounts of money saved for future attorney’s fees (“court costs”), regardless of the type of court case, is not exempt from ALTCS computations of allowable assets. You should speak to an attorney (consult with an attorney directly) and/or your ALTCS representative regarding whether other arrangements can be made for paying off the attorney’s fees to bring the savings account within ALTCS’ allowable limits. Medicare sometimes pays for an “In-Home Health Aid”, but only on a very limited basis. ALTCS’ allowance for such caregivers can be limited, also, although not as strictly as Medicare. For related information, see http://www.lawforseniors.org/articles_info.cfm?sc=84&mc=8&articleid=108