Undue Hardship The Divestment Penalty

Your senior family member is in a nursing home and the county has given them a divestment penalty period.  The senior is being denied medicaid eligibility until the applied divestment penalty period is met.  The nursing home gives the senior a non voluntary discharge notice for non payment. 

The senior is now without assets, and being evicted from the nursing home setting, for not having a valid pay source.  The senior can petition for undue hardship.  This would require proof of serious impairment to the insititutionalized seniors immediate health status.

Filing undue hardship  involves preparing a signed statement describing if the divested assets are recoverable, and includes attempts to recover.  You are seeking to prove that an undue hardship would exist if the divestment penalty period is applied.   This would mean submitting a copy of the involuntary discharge notice, an alternative placement location or basically proof that if the hardship waiver is not granted the senior will go with out needed medical care, food, clothing, and shelter threatening their life.

Home Care Path encourages seniors to consult with a legal firm specializing in elder law when planning for long term care needs.

Home Care Path www.homecarepath.com is a leading senior care provider serving south central Wisconsin.  Services include:
-in home staffing with help for ADL's and IADL's
-inpatient advocacy for safe successful hospital stays
-transitional counseling when a more structured service is needed
-temporary help with a scheduled day surgery
-downsizing home contents when stuff matters
-communicate face to face on the computer across long distances
Simply call 608-432-4286 to schedule an in home interview.  We accept long term care insurance.  Email lkutzke@homecarepath.onmicrosoft.com 2012 rates are 20.00 per hour.  We can be there when you are working.  Services are tax deductible.  Valuing home and human life.