May 28, 2025 • 46 mins
The Bee Informed Seminar is taking place again and this year's theme is "Living Life In Full Bloom" says organizer Marilyn Rucker with Attorney Anthony Rucker on The Bev Johnson Show on WDIA Radio.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
That's justn't show bell jumping time with this talking and
home away. Help you go, you go son't getting ready.
Speaker 2 (00:13):
In time?
Speaker 3 (00:15):
Just say show bell, Joe, Let's go bell.
Speaker 4 (00:20):
Just then't we You'll make.
Speaker 5 (00:22):
Your day right here?
Speaker 4 (00:25):
Wrong d.
Speaker 5 (00:29):
Listen to what to say.
Speaker 6 (00:31):
You know it's time of the bell.
Speaker 1 (00:33):
Just show tap of the belt of show like let's go.
Speaker 5 (01:01):
Good afternoon, and welcome back to the second half of
the BEV Johnson Show.
Speaker 6 (01:06):
Here at WD I A continue to put your ears on.
Speaker 5 (01:11):
As I like to say, we will share the good
news and I told you earlier it we're going to
talk about the be Informed Seminar. What is that all about? Well,
once again back in the house. We are so glad
to have her back in the house with us and
to tell us more about the be Informed Seminar.
Speaker 6 (01:35):
Good afternoon to you. Miss Marilyn Rucker is here once again.
Speaker 7 (01:38):
How you doing, sister, Good afternoon. I am doing simply marvelous.
Fab Thanks for having us.
Speaker 6 (01:45):
You are looking marvelous. Thank you good good.
Speaker 5 (01:49):
As always, and I know you you brought somebody in
with you. I'm gonna let you introduce him. But before
we get to that, and as always last year, we
learned about the Be Informed Seminar.
Speaker 6 (02:04):
What is that all about?
Speaker 7 (02:06):
Well, it's that time of the year again. Bath and
Be Inform. Majestic Gardens at Memphis sponsors this free seminar
and be Inform is just the buzz and healthcare and
sharing with the community things that they need to know. Resources,
(02:26):
reaching out to the people, just letting them know the
help is here, and we decided to give them the
help at no cost. Quarterly we go to the Memphis
Public Library and we offer the community and opportunity to
hear about things they knew that they need to know
for planning life. That's healthcare, finances, Alzheimer dementia, hospice. We
(02:55):
just want to be that resource to help the people
know what's going on and how to obtain the assistance
that's needed.
Speaker 5 (03:05):
Do you feel that, Maryland, that there are a lot
of people who do want to know get this information
because a lot of times we know people are taking
care of the elderly and taking care of folks with dementia,
all kinds of things.
Speaker 3 (03:22):
Yes, they have. I deal with this every day.
Speaker 7 (03:26):
My job is actually I'm a director of marketing and
liaison and what I do I actually go out to
the hospitals do the assessments for the patients to come
in for either short term care that means that they
come in, get their rehab and go home, or I
go in and do an assessment and they no longer
(03:49):
are able to stay at home, so I help them
transition into long term care.
Speaker 3 (03:55):
And that's really how this formulated.
Speaker 7 (03:58):
Every time that I will talk with a patient or
their family, there was a look on their face like
what are you talking about?
Speaker 3 (04:07):
Like they had just got strong by b and I'm like.
Speaker 7 (04:10):
Well, it seems like they need to be informed and
get the buzz on really what they need to know
to do the appropriate thing to get their family members
in and taking care of the correct way.
Speaker 5 (04:24):
Good good, Before we continue to go on, and at
this time you brought someone with you and introduced our
special guests to our listeners.
Speaker 7 (04:34):
Yes, I have Attorney Anthony Bradley joining me on today.
Attorney Bradley is an elder law attorney and he has
been great assistance to me and helping family members and
helping just general people in the community understand what it
(04:55):
is to make a plan, make a plan for living
life in full bloom. And that's what we're going to
talk about today to live in full bloom.
Speaker 6 (05:07):
I love that. I love it.
Speaker 5 (05:08):
Let me say, welcome to you, Attorney Anthony Bradley, Welcome
into WDA.
Speaker 6 (05:14):
How are you.
Speaker 8 (05:15):
I'm doing great? Thank you for having me today when.
Speaker 6 (05:18):
We talk about the elderly.
Speaker 5 (05:21):
And you know what, Attorney brad I never thought that
people may need an attorney for this.
Speaker 6 (05:30):
Tell us a little bit about that.
Speaker 8 (05:32):
Why well, in order to preserve assets. The law has
changed so much in the past thirty years. I remember
when I was growing up. I'm now fifty four years old.
I remember folks that I went to church with growing up,
and they lost all their assets as one of the
spouses was ill had to go into a nursing home
(05:54):
and they didn't know better, but they sold their farm.
They ended up selling their house. They sold all their
assets for one spouse to be able to stay in
the nursing home. Now, the law at that time was
much kinder than what it is today. And the truth is,
the rules get harder every year in order to qualify.
(06:14):
So what I do as an elder law attorneys help
families to plan in advance. If we can, we can
save everything, but we have to plan five years in advance. Wow,
Sometimes we can preserve everything in a lesser time period.
But it just depends on when someone comes to see me.
But almost always we can save assets though if they
will come to me. There are some very popular myths
(06:37):
out there that the house will be taken by medicaid. Yeah,
the nursing home will take the home, and that's not true. However,
it could happen if someone does nothing. And the danger
really is that someone chooses to do nothing, and a
lot of times they talk with people that really don't know,
and they'll talk with folks that don't know rather than
(06:57):
talking to an attorney for half an hour or an
hour and get a much better idea. And unfortunately the
States and medicaid, Medicaid is at the federal level. In Tennessee,
medicaid is called ten Care. There really are not good resources.
So I challenge you to go to their website and
try to read about it and see if you can
figure out what to do. And I know you can't.
(07:20):
I can't if I've read it. So it's just hard
to do. There are so many nuances, and almost always
we can help people to save a tremendous amount of
their assets. For their next generation if that is their goal.
Speaker 5 (07:33):
Wow, And you know what, And and Marylyn, I'm so
glad you brought attorney Bradley because I never heard or
thought about elder law.
Speaker 6 (07:44):
I didn't know there was such a thing.
Speaker 8 (07:47):
Absolutely there is, and it feeds into everything. So think
about as a as a young adult, we all need
powers of attorney. You know, starting when we turn to
age eighteen, we need powers of attorney at least a will.
But then as we marry and we have children, if
we buy a house, we really need a trust. Trust
are a thousand times better than a will because the
(08:11):
assets and a trust do not have to go through
the court process, that probate process, and the cost of
probate is so much greater than what the cost of
a trust is. And as well, you know, anytime there's
a public forum, so if a will is admitted to probate,
then anyone can come out, family members can bring out
(08:31):
their dirty laundry and argue with one another. And with
a trust, it doesn't go through the court process, so
that invitation is really not open. Now your next question
might be, well, can someone challenge a trust?
Speaker 6 (08:43):
Well, of course they can.
Speaker 8 (08:45):
However, an attorney is not going to take that on
a contingency fee. They're going to have to be paid,
So that's going to take the tire kickers out of
the equation. Okay, so a trust is always better than
the will, but a will is better than nothing. But
as we get older, in order to preserve assets, we
need to look ahead and try to determine what do
(09:07):
we want to do and how do we best do it. Now,
an easy scenario, say that someone has millions of dollars, Well,
they don't need to do a trust for medicaid planning purposes.
But someone that has less than a million dollars, I
almost guarantee you they need to. Because the cost of
a nursing home today is nine or ten thousand dollars
(09:28):
or above. Now, what about staying at home. Staying at
home is even more expensive. If someone needs tremendous help,
if they need eight hours per day or greater, then
that's just as expensive as staying full time in the
nursing home. So we really need to think ahead. But
if we can start planning while someone mom or Dad
(09:48):
is still living at home, then we can save nearly
all the assets. It may take a little time, but
we can put a plan together that makes a lot
of sense without throwing money away. Older law planning is
how do we save money in a smart way. We
get the most mileage out of our assets and they're
used the way we want them to be used without
(10:10):
throwing it away.
Speaker 6 (10:12):
I love that.
Speaker 5 (10:13):
If you've just tuned in this afternoon, we are talking
with Miss Marilyn Rucker, she is the marketing director Liaison
for Magic Gardens at Memphis. And we are talking to
Attorney Anthony Bradley with Elder Law. We're talking getting ready
for the Be Informed Seminar. We're going to tell you
more about that. If you have a question or two
(10:35):
for my guests, let me give you out the numbers
nine zero one, five three, five, nine three four two
eight hundred five zero three nine three four two eight
three three five three five nine three four two will
get you in to us. You're listening to double you
d i A the BEV to Say Show.
Speaker 9 (11:09):
You're listening to the BEB Johnson Show. That's you BEB.
I'm w d i A.
Speaker 6 (11:59):
You're listening to the BEV Johnson Show. Here's Bev Johnson.
Speaker 5 (12:04):
And we are talking this day. We are talking with
Miss Maryland Rutger, who is the marketing director Liaison for
Majestic Gardens here at Memphis, and also Attorney Anthony Bradley
with Elder Law and the reason they're here getting ready,
Maryland is getting ready once again for the Be Informed
(12:25):
Seminar and Maryland. When we talk about the Be Informed Seminar,
you said this year the topic living life in full bloom.
Speaker 7 (12:35):
Living life in full bloom, growing in full potential, able
to enjoy life because you've been able to obtain the
resources that are out there in order for you. And
I call it bev getting your house in order. It
doesn't mean that you have to wait until you become elderly.
(12:57):
You prepare as you grow and that's the reason we
titled it living life in full bloom. As we grow up,
I call it growing up. As we grow up. We
go through different stages of life, and preparation just advances
us to each stage and prepare us every stage. Isn't easy,
(13:22):
but if we have different resources, it helped us as
we grow. And Attorney Bradley joined me because when I
have people that come into the skilled nursing facility.
Speaker 3 (13:39):
I have had it.
Speaker 7 (13:41):
Share it with me well, I have a will so
I'm taken care of That's not true. I have to
spend every penny on living here. That's not true. So
what be informed? And it's b ee. I thought that
I would help take the buzz out of the myths
(14:06):
that have been shared throughout ever since I've been a
little girl. There are myths, and I just wanted to
take that buzz out and give the real buzz by
offering information that can help individuals in different categories. So
this time I chose living life in full bloom, how
(14:28):
to prepare for life passing, and a lot of us
we are not sure about generational wealth. And this will
also help you with generational wealth because you can pass
this on down to your children. I pass it down
to my son, and I find it now that he's
(14:48):
passing it down to his friends. So it's a wealth
of information at no cost.
Speaker 5 (14:54):
And this seminar Maryland, it is absolutely free. Yes, where
is it going to be?
Speaker 6 (14:59):
Help?
Speaker 3 (15:00):
Want to be at the Benjamin L.
Speaker 7 (15:02):
Hooks Library And that's thirty thirty Poplar Avenue, Memphis, Tennessee,
three eight one one one and the hours will be
five thirty pm to seven thirty pm.
Speaker 6 (15:16):
Good.
Speaker 5 (15:16):
I want to get back to Attorney Bradley because elder
law and when Maryland said something, it triggered my brain
and elder law. Just because Attorney Bradley, you have a will,
that doesn't mean that that will's going to take.
Speaker 6 (15:34):
What am I looking for.
Speaker 5 (15:36):
Will help you if you have to go to a
nursing home or if you have to stay in your
own home.
Speaker 8 (15:43):
Well, and that's correct. So so let me explain. There
are three requirements for someone to be able to qualify
for a ten care long term care benefits. Okay, so
the first is a medical needs assessment, so your own
doctor or the the skilled nursing facility will rate the
(16:04):
person that assessment. The doctor will review it and sign
off on it, and so that's the first step. The
second is looking at someone's income and their assets. So
step two is the income. So today in twenty twenty five,
under Tennessee law, someone can have about twenty nine hundred
dollars per month of income. If they have more than
(16:25):
this number, then they don't qualify. However, there's a very
easy work around. So if you tell me that your
income is four thousand dollars a month, that's fine. We
just take an extra step. So that's easy. That's what
we do there is we use something called a qualified
income trust sometimes called a Miller's trust, named after a
court case, and essentially that boils down to someone other
(16:49):
than the patient will be responsible for making sure that
those moneies, whatever the income is, the four thousand dollars
is used properly according to the Medicaid rules, which says
that the monies can be used for a medical expenses.
The patient can keep fifty dollars per month as of
medical needs for their personal needs, but whatever the balance
(17:11):
is would be paid over to the nursing facility and
then the State of Tennessee Bureau of ten Care would
be responsible for the balance. All right, So assuming we
get through that, the next step, step three is an
asset test. So with the asset test, the patient can
only have up to two thousand dollars of countable assets.
(17:34):
It's more involved if there is a spouse still living
at home, but that spouse is entitled to keep the
first thirty eight thousand dollars but can keep a total
of up to about one hundred and thirty thousand dollars
under the calculation of that. And so let's talk about that.
Because a lot of times we have to do that,
(17:55):
and so we file. I would file a application may it,
knowing that we meet the income test and we meet
the healthcare assessment, but we have too much in assets.
Let's say, for example, that the couple between them has
two hundred and sixty thousand dollars of countable assets, but
(18:15):
through checking in savings accounts, CDs, brokerage accounts, individual stocks, iras,
and in the state of Tennessee, iras are considered countable assets.
Some states don't, but in the State of Tennessee we do.
So with that, I would file an application knowing it
will be denied because there's too much in assets, all right,
(18:37):
But what I'm doing there is I'm forcing the state
of tendency to say, oh, y'all's total accountable assets is
two hundred and sixty thousand, so you have too much.
What the establish is with the numbers two hundred and
sixty thousand, the spouse living at home can keep one
half up to about one hundred and thirty eight thousand.
(18:57):
So let's assume that wife is still living at home,
she could keep one hundred and thirty thousand. Now husband
that's in the nursing home he can only keep two thousand,
so he has one hundred and twenty eight thousand dollars
too much. So what do we do now? Now we
use the medicaid rules to help the husband and the
wife to protect as much as possible. Now, it might
(19:19):
be that they have debt. Maybe there's a mortgage still
on the house, so they could pay off debt, credit cards,
the house, the house mortgage. Maybe they need new windows,
or to update the house in some ways, painting roof,
a privacy fence, any of those things are allowed. They
can also spend money on themselves, on husband and wife.
(19:41):
What they can't do is to give the moneies away
to a child or a grandchildren. They can't do that.
But they can use the monies for themselves. Also, each
one of them, husband and wife can each own one automobile. Now,
through the years, I've helped so many people that have
found a way of using the last twenty thousand and
(20:01):
thirty thousand and sixty thousand dollars in assets to buy
a newer automobile. So, in that example, if a husband
that's in the nursing home does not own an automobile,
or even if he does, maybe his automobile is a
two thousand and two forward pickup, and they traded in
(20:21):
because he can only own one, they traded in for
a new one. What's the cost of new trucks today?
I saw on television an ad for seventy five thousand dollars,
So there's seventy five thousand dollars. Wife might trade hers
in her automobile for a new car as well, and
so we've just spent a large part of his one
hundred and twenty eight thousand that was too much. In addition,
(20:44):
they can buy prepaid funeral plans that needs to be done.
That's probably the first thing we do actually is prepaid
funeral plans. And if someone prefers cremation instead, a lot
of times we can't prepay the cremation, but we can
buy what's called an irrevocable funeral trust and each one
of them can put up to six thousand dollars into it,
(21:06):
so we can use the monies in smart ways. We
can also buy things that they need, so if they
do need furniture or television, but they can also outfit
the nursing home room. Maybe there's betting. So I encourage
people to buy new clothing not for one season, but
for three years of seasons. Buy new betting pillows, comforters, slippers, robes, pajamas,
(21:34):
all those things. So we use the money in a
smart way. Also buy the things that they love, the
favorite drinks or candies, the food they like. Buy a
lot of that, let a son or daughter take it home,
keep it there, and then bringing in as it's needed.
Speaker 5 (21:52):
Wow, you know a toorny Brady. You say, it sounds
so complicated, and I'm glad you hear. We never talked
about because we never think of about what it's going
to cost you to be in a nursing facility. And
I want to ask it. I wrote it down so
I wouldn't forget. What about Does this also apply to
(22:14):
elderly people who may want to move into assisted living?
Where does that come in?
Speaker 8 (22:20):
Well?
Speaker 1 (22:21):
It does.
Speaker 8 (22:23):
However, Medicaid does not pay for assisted living care.
Speaker 6 (22:26):
They don't.
Speaker 8 (22:27):
It doesn't, so assisted living and independent living are completely
self pay Oh so, but that's a great time for
us to be doing the planning as well. Because we
know that someone's health is declining, they're not able to
ambulate as well, and that's the primary reason someone would
move is because they're not able to walk as well
or get up from a seated position right as well,
(22:50):
So it's a great time to be doing that planning.
And in fact, if they're in an independent living or
assisted living, or even if they're still at home. I
use this every day and my practice of where mom
or dad pays a son or daughter, a trusted friend,
or even a brother or sister as a caregiver. So
(23:10):
state law, federal law allows us all to pay loved ones,
anyone except our spouse, because remember that Medicaid counts husband
and wife's or the married couple's joint assets, their joint income.
So there's no need for you for me to pay
you as my spouse to help me, because it doesn't
(23:32):
matter which pockets. It's in my pocket, is in your pocket,
the county. But instead, if we have a daughter and
she's trustworthy, she comes by, checks on us. It takes
us to doctor's appointments, checks on us, make sure we're
taking our medications, and where we're being We've got good nutrition,
the yards being kept up, we can walk through the
(23:53):
house without falling. We can pay her as a caregiver.
Now the cost of caregiving has gone up from tremendously
Since COVID, there are fewer people that are willing to
work in that industry. And prior to COVID, many people
would say, I met this nice lady at church and
she's willing to help me for ten dollars an hour.
Nobody works for ten dollars an hour now in this area.
(24:17):
So what we see now is really the bottom. The
cheapest is about twenty five dollars per hour. Maybe occasionally
you can find someone for twenty dollars an hour, but
you also need to find reputable people. But we see
hourly ranges for in home help, whether that's in your
personal residence or you're living in independent living or assisted living,
(24:38):
between twenty five and forty five dollars per hour. So
you see that's very expensive. So we're able to transfer
assets from mother or father as the potential patient to
their children or to a trusted person very quickly, and
so over a year's time, we might be able to
(24:59):
save a forwards to one hundred or hundred and twenty
thousand dollars that way, and it's a legal transfer of assets.
Speaker 5 (25:06):
Wow, what about attorney Bradley, Because you talked about people
who have spouse what if you don't have a spouse,
you you're a person, a single person, and you may
need a caregiver. You may have to go to a
nursing home.
Speaker 6 (25:24):
So what do you do there?
Speaker 5 (25:25):
And now you told you said earlier, trust are better
than wills r when it comes to that.
Speaker 8 (25:31):
Well, if someone approaches me and we can plan five
years or more in advance, five years in advance of
the application for Medicaid, then we're perfect.
Speaker 6 (25:42):
So this is all dealing around Medicaid.
Speaker 8 (25:45):
Well, Medicaid's a huge part of it. We want to
but it's the same planning though, to preserve those assets. Okay,
So we're really focused on folks that cannot self pay
for the unknown future. So again I'm really talking about
people with one million or less in assets that they
(26:05):
can spend. Okay, And so someone at two millionaire above
easily will be able to pay for the cost of
the care in a nursing home because probably their income
is greater from pensions and retirement accounts. So someone with
less assets probably has less guaranteed income each month. So
we need to do more planning to make sure that
(26:26):
assets are preserved. So if I'm the patient and I'm
paying my daughter as a caregiver. My hope is that
she's going to help take care of dad later. Right, Okay, so,
but I'm legally paying her. It's a legal transfer from
me to her. It will not disqualify me from medicaid
(26:47):
in the future. But if she still has assets in
the future, hopefully she will help to pay my expenses
out of that. So that's it can work beautifully.
Speaker 5 (26:58):
Yeah, it sounds complicated. We are talking, I know, but
that's why you're the expert. You know. We're talking with
Attorney Anthony Bradley and he's we're talking elder law and
also Miss Marilyn Rutger, who's the marketing director liaison for
Majestic Gardens at Memphis coming up for this being formed.
Speaker 6 (27:18):
So Maryland the be informed.
Speaker 5 (27:20):
Seminar Attorney Bradley will be there and people can ask questions.
He's gonna explain, probably go more into detail than you
can here.
Speaker 6 (27:27):
Tourney Bradley.
Speaker 7 (27:28):
Yes, I'm doing the seminar. Attorney Bradley will be the
main speaker. He will go over everything and we will
have a question and answer session. No question is a
dumb question because if we don't know better, we don't
(27:49):
do better. Right, So that's what we're focusing on. We
are we want to get the message out that there
is help, there are resources, and you can simply connect
with Majestic Gardens at Memphis or Attorney Bradley and we
will help you guide you through this whole transition.
Speaker 3 (28:12):
It's it sounds complicated.
Speaker 7 (28:15):
But once you get the gist of everything and actually
how you should do it, a lot of people say, well,
a big thing is I'm going to lose my home,
so I'm not going to go to a nursing comes.
Speaker 5 (28:29):
A lot of times people think, Attorney Bradley and Maryland
that you go to a nursing home that the nursing
home is going to get their home, yes, or because
they're going to get that home.
Speaker 6 (28:40):
Not necessarily the case. Oh correct, Okay, that's right.
Speaker 8 (28:45):
There are several exceptions to that, and if there's if
it's a married couple, we can almost always save the home.
But Medicaid will never put a lien on the house
as long as the patients, the patient is living or
the patient's spouse is living, okay, And that gives the
family a lot of leeway as well after the patient's
(29:05):
death to negotiate with ten Care. You see, ten Care
can put a lean on the house for an amount
of money equal to what they paid out to the
nursing facility. Now it works similar to health insurance, but
maybe they pay Maybe ten Care pays fifty cents on
the dollar to the nursing facility. So if there's a
ten thousand dollars monthly bill, the patient pays three thousand dollars,
(29:28):
that leaves seven thousand dollars deficit. But ten Care won't
pay the entire seven thousand. They'll pay about fifty cents
on the dollar, so about thirty five hundred dollars. So
if the family did want to keep the home, they
could negotiate with ten care. And you know a big
part of that too is how long did the patient
live in the nursing facility. If the patient lived twelve
(29:51):
years in the nursing facility, then most likely the family
will let it go. But if the patient only lived
a year eighteen months to and they very well may
want to keep the home. And ten Care I found
has been much easier to work with when the family
reaches out to ten care and says, we are the
children of the patient and we'd like to keep the home.
(30:15):
Can we work out something We're not made out of money?
And ten careed listens and is very reacts very well
to then Oh wow.
Speaker 5 (30:22):
We'll go to our phone line. We have some listeners.
I'm sure have callers for you. Questions.
Speaker 6 (30:27):
W D I a high callery.
Speaker 4 (30:32):
Good afternoon, my most beautiful African vine. How are you
doing today? My sister?
Speaker 6 (30:35):
I'm doing well, David? How are you today?
Speaker 4 (30:39):
I'm holding on, sister. I'm so glad. The guests of
the day. Oh I'm sorry, my madness boy, I'm act
like I'm in New York somewhere. Good afternoon. Guess how
y'all doing?
Speaker 3 (30:51):
Good afternoon? Thank you.
Speaker 9 (30:55):
Great?
Speaker 4 (30:55):
Well. My first question is because I've never heard of this?
Speaker 7 (30:58):
What is Majestic God Majestic Gardens at Memphis is a
skilled nursing facility. You can come in if you have
a skilled need such as physical therapy, occupational therapy, speech therapy, IVY, antibiotics.
Speaker 3 (31:17):
Wound care.
Speaker 7 (31:18):
Even if you fall and break a leg, break a hip,
you may need rehab. You come in, get your skilled
services and you return home. Long term care is the
other skilled service that we offer, and you come in.
I call it to our home and we make it
your home. We also have a secure dementia unit. We
(31:43):
have dementia and Alzheimer's patients. They live in a secure area,
but they also have a quality of life. They have
their own dining area, they have their own activities, they
have their own skilled, trained staff. And we also offer
a veterans unit.
Speaker 4 (32:05):
Okay, okay, thank you for that. I learned something new
every day. It's interesting because when I was growing up
in my neighborhood, we called the old Folks home. It's
that now, thank god. But but yeah, great, thank you
for that, ma'am. I you know, you learned something new
every day, and I and as long as I'm breathing,
(32:26):
I'm learning. To the attorney, I had a discussion with
my play mother last week about a law I saw.
I can't remember it, cetera. I know it was on
I think it's on PBS, in which if the significant
other or has to uh leave their job in order
(32:49):
to take care of the significant other who who needs
that care? That there was I think more income or something.
Do you know what I'm speaking of? Because suld I should.
Speaker 8 (33:06):
Well in regard to medicaid, if there is a spouse
that's still at home. Many times that spouse can take
part of the patient spouse's monthly income. So under Tennessee law,
the spouse living at home can keep close to four
thousand dollars per month. So if the spouse living at home,
say only has Social Security income that's one thousand dollars
(33:30):
a month, they may be able to keep up to
about another twenty eight hundred dollars a month from their
spouse that's going into the nursing home there. You know,
all of these laws are in flux now because of
the change in the in the administration in Washington, d C.
And so I just signed up for a class yesterday
(33:54):
for some of these changes that are coming or that
are or that they're looking at making.
Speaker 4 (34:00):
Uh.
Speaker 8 (34:01):
But in regard to Medicaid, we're oftentimes able to preserve
some of the monthly income from the patient and redirect
that to the spouse that's living at home. Still.
Speaker 4 (34:13):
Yeah, yeah, she was, and I was aware of that.
It was just a news story on recently within the
last couple of weeks in which there was supposed to
be even more of a benefit. I'm sorry I didn't
pay more attention to what it was or what uh
news report or news channel or whatever I was looking
(34:34):
at was on her. But it's very it was really recent.
But to your point, yeah, they just passed the bill, well,
the Senate, the Congress did, and I think that included
some Medicare Medicare changes, is that correct? With some cuts.
Speaker 8 (34:51):
I don't believe that the Medicare change changes have gone
into effect yet. I think all of that's still up
in the air.
Speaker 4 (34:58):
Oh no, oh no, no, no no, because it hadn't
passed house. They dissented and there should be some other change.
But anyway, well, thank you. I guess next time I
see that I have to write it down or something,
as I tell Steve to do all the time. But
I appreciate all the great information both of your guests
(35:18):
have brought us. Then thank you. I have a great day.
Speaker 6 (35:20):
Thank you. David W. D. I a high caller.
Speaker 2 (35:24):
Hey Bell, how are you doing?
Speaker 6 (35:26):
I'm doing well?
Speaker 2 (35:26):
In you, I'm okay. I have a question to the attorney.
My question is if, okay, for example, my mom is disabled,
She's not able to get up and walk or do anything,
but she have a daughter or a son that is
(35:47):
able to assist her needs. But what if that son,
our daughter is getting disability, and if and they're the
only one that's able to assist her needs, that she
feels comfortable enough to have them to be Oh, pretty
much have power attorney over doing whatever need to be done,
(36:09):
but taking care of how could could they still get
paid even though with disability?
Speaker 8 (36:16):
Well, let me take that from a couple of different angles.
You mentioned powers of attorney. So with the power of attorney,
that would be the same as is this person naming
someone to hand it handle their finances, their income, their assets,
and so the person appointed is called the attorney in fact,
and they don't that person is not the owner of
(36:38):
those assets, so they can certainly do that even if
they're on disability. The next part of your question, which
I think was the real meat of your question, is to.
Speaker 2 (36:49):
Take care of take during the cooking and cleaning and
et cetera, taking her wherever she needs to go or
him wherever he may needs to go, right.
Speaker 8 (36:59):
And can that person on disability receive income from doing
those things? And I've got two answers for you, And
I'm sorry you're going to say, well, you're talking like
an attorney on both sides.
Speaker 2 (37:11):
If I'm receiving disability, you know with disability they require
that you can only make so much.
Speaker 8 (37:21):
Well, that's right, and so the first question is what
type of disability is it? So that let me tell
you there's Social Security Disability Income SSDI and there's Social
Security Supplemental income or SSI. If a person is receiving SSI,
then they cannot be they cannot receive any payment. They
cannot receive any payment because in doing so, it would
(37:45):
block them from receiving their Medicare health insurance and their
Medicaid insurance, which would be prescriptions, and also the SSI income,
which in total is about nine hundred dollars a month
before there's any deductions. So it depends on what type
of Social Security income it is. If it is SSDI
(38:06):
and folks, the difference here is did the person to
the recipient work enough through the years to receive Social
Security Disability income.
Speaker 4 (38:17):
Or not.
Speaker 8 (38:18):
So here's an easy example. If someone is born with
down syndrome and does not work, then they're going to
receive the most they're going to be able to receive
is SSI, so that nine hundred dollars per month, but
that means their assets are going to be capped at
two thousand dollars, and if they go over two thousand
dollars of assets, they lose their benefits. But now with
(38:39):
SSDI there is no asset limit. So say, for example,
that you've been working and you've accumulated two million dollars
of assets, but then you become disabled because of maybe
a devastating stroke where the something happens. The amount of
your assets does not matter. But to your point where
(39:00):
you said, ma'am is correct that you are limited to
how much income you can make in a given year,
and so it cannot exceed that. So in that case
we would talk about, well, in addition to you, is
there someone else that might be might be the recipient
of those payments?
Speaker 5 (39:19):
So Brenda, to get more information, you need to get
out to that be informed seminar.
Speaker 7 (39:26):
And when is it bes that's June fifth, from five
thirty to seven thirty pm at the Benjamin L.
Speaker 3 (39:36):
Hooks Library.
Speaker 5 (39:39):
Okay, okay, and attorney Bradley it will be there to
answer questions and give you more information.
Speaker 2 (39:45):
Okay. Then, thank you so much, thank.
Speaker 5 (39:47):
You, Bye, welcome, bye, bye, wd iahiy caller.
Speaker 7 (39:53):
Hey, ma'am.
Speaker 10 (39:55):
Later before me, she asked a question wanting to know
when the seminar it's gonna be Unfortunately I won't be
able to attend. But is there somewhere that you can
get some of the information. I know you have given
out a lot of information, Attorney.
Speaker 2 (40:14):
Bradley, but it is a lot to absorb.
Speaker 10 (40:17):
It is so complicated.
Speaker 8 (40:19):
Yes, well, ma'am, it does seem it does seem complicated,
But we're when you first understand it at the tree
top level. Then we can look down to the ground
and see the details that you need to know. And
I'd be happy to talk with you. You can call me.
My office number is nine zero one six eight two
(40:39):
two zero three zero, and that nine zero one six
eight two two zero.
Speaker 10 (40:48):
Three zero, okay. And I look the facility up online
and it said it's on Chucker Street.
Speaker 7 (40:55):
Where is that that's directly across from the Memphis Zoo.
Speaker 3 (41:03):
In Midtown?
Speaker 7 (41:05):
Yes, ma'am, pop, Yes, ma'am, Yes, ma'am.
Speaker 10 (41:09):
Okay, okay. So I'm like David, I had never heard
of this facility before either. So yes, I tell you,
you've given us some valuable information. I just wish I
was able to grab some more of it. But since
I can't come to the seminars. I was saying, you're
gonna have literary tour that you may leave at the
(41:30):
library or something. Yes, people to pick up.
Speaker 3 (41:33):
Yes, Miss Beverly or else.
Speaker 7 (41:35):
You can come by our facility and pick that information up.
And also if you we do something each quarter regarding
health care and Attorney Bratlee, I do have his information
at the facility as well, but you can contact his
(41:56):
office also directly to obtain that information.
Speaker 10 (42:01):
Okay, thank you so much, thank.
Speaker 5 (42:03):
You, very thank you, Bye bye, we'll get this last
call WDA, Hi caller, Hi call are you there? Let's
miss them? Okay, but again this is such good information
Attorney Bradley and Maryland.
Speaker 6 (42:21):
This is good.
Speaker 5 (42:22):
Tell our listeners that ones will be able to come
to the b informed Seminar.
Speaker 7 (42:28):
B Inform the buzz in Healthcare will be held next Thursday,
June fifth, twenty twenty five, from five thirty pm to
seven thirty pm. The address is thirty thirty Poplar Avenue, Memphis,
Tennessee three eight one one one. My contact information is
(42:55):
nine zero one seven two six five six zero.
Speaker 6 (43:01):
Zero one more time Maryland seven.
Speaker 3 (43:04):
Six seven two six five six zero zero.
Speaker 5 (43:10):
Sounds good And last words, Attorney Bradley, you'd like to
say to our listeners today, this is elder law.
Speaker 6 (43:17):
This is really good information.
Speaker 8 (43:20):
We all have to plan. Failing to plan is a
plan to fail. And we see I see legal train
wrecks that come along and it comes from not planning.
And the conversation always ends with I wish you'd contacted
me earlier. We could have done so much more. If
(43:42):
if you can give me a two years heads up, okay,
I can save a tremendous amount five years, I can
help you save everything.
Speaker 5 (43:49):
Okay, okay, sounds good and give your telephone number out again,
Attorney Bradley.
Speaker 8 (43:54):
Nine zero one six eight two two zero three zero.
Speaker 5 (43:59):
I love it, and Maryland again, this is good information
and the be Informed seminar it is much needed because
people need to know how to take care of the elderly.
Speaker 7 (44:10):
Yes, and thank you so much, Beverly. A quick note,
I heard the gentlemen said they used to call it
the old Folks Home. Yeah, we did, but now the
majority of my emissions start at forty and above. What
So it's because of the lifestyles we're living now, So
(44:34):
it's time to become educated, obtain the knowledge and use
it and.
Speaker 5 (44:39):
Again you like you told Beverly, Maryland that people can
come to your facility and get more information even I'm
sure you can talk.
Speaker 6 (44:47):
With them and give a tour if they may need it.
Speaker 7 (44:49):
Yes, And we're gonna start doing more workshops. Attorney Brettley
and I are working on a couple of things. We're
gonna start doing presentation at churches. We're gonna get this
information out so the people can be informed.
Speaker 6 (45:05):
I like it. And again that seminar next week.
Speaker 7 (45:08):
That seminar is June fifth, twenty twenty five. That will
be on next Thursday from five thirty to seven thirty
pm at the Benjamin L. Hooks Library that is thirty
thirty Poplar Avenue. If you need any other information, please
contact Majestic Gardens at Memphis nine zero one seven two
(45:32):
six five six zero zero.
Speaker 6 (45:36):
Thank you both for being here.
Speaker 5 (45:37):
Attorney Bradley, it's been my pleasure of good information today.
Speaker 8 (45:41):
Thank you for having me.
Speaker 5 (45:42):
Thank you and Maryland as always, Thank you, sister, Thank you,
thank you.
Speaker 6 (45:46):
We do appreciate you.
Speaker 3 (45:48):
Right live life in full bloom.
Speaker 6 (45:50):
I love it. I want to thank you callers.
Speaker 5 (45:56):
I want to thank you listeners for joining us this
day on the Bev Johnson Show. We do, we really
do appreciate you, so until tomorrow.
Speaker 6 (46:08):
Please be saved.
Speaker 5 (46:10):
Keep a cool head, y'all, don't let anyone steal your joy.
Until tomorrow, I'm Bev Johnson, and y'all keep the faith.
The views and opinions discussed on The Bev Johnson Show
are that of the hosts and callers and not those
of the staff and sponsors of wd IA.
That's justn't show bell jumping time with this talking and
home away. Help you go, you go son't getting ready.
Speaker 2 (00:13):
In time?
Speaker 3 (00:15):
Just say show bell, Joe, Let's go bell.
Speaker 4 (00:20):
Just then't we You'll make.
Speaker 5 (00:22):
Your day right here?
Speaker 4 (00:25):
Wrong d.
Speaker 5 (00:29):
Listen to what to say.
Speaker 6 (00:31):
You know it's time of the bell.
Speaker 1 (00:33):
Just show tap of the belt of show like let's go.
Speaker 5 (01:01):
Good afternoon, and welcome back to the second half of
the BEV Johnson Show.
Speaker 6 (01:06):
Here at WD I A continue to put your ears on.
Speaker 5 (01:11):
As I like to say, we will share the good
news and I told you earlier it we're going to
talk about the be Informed Seminar. What is that all about? Well,
once again back in the house. We are so glad
to have her back in the house with us and
to tell us more about the be Informed Seminar.
Speaker 6 (01:35):
Good afternoon to you. Miss Marilyn Rucker is here once again.
Speaker 7 (01:38):
How you doing, sister, Good afternoon. I am doing simply marvelous.
Fab Thanks for having us.
Speaker 6 (01:45):
You are looking marvelous. Thank you good good.
Speaker 5 (01:49):
As always, and I know you you brought somebody in
with you. I'm gonna let you introduce him. But before
we get to that, and as always last year, we
learned about the Be Informed Seminar.
Speaker 6 (02:04):
What is that all about?
Speaker 7 (02:06):
Well, it's that time of the year again. Bath and
Be Inform. Majestic Gardens at Memphis sponsors this free seminar
and be Inform is just the buzz and healthcare and
sharing with the community things that they need to know. Resources,
(02:26):
reaching out to the people, just letting them know the
help is here, and we decided to give them the
help at no cost. Quarterly we go to the Memphis
Public Library and we offer the community and opportunity to
hear about things they knew that they need to know
for planning life. That's healthcare, finances, Alzheimer dementia, hospice. We
(02:55):
just want to be that resource to help the people
know what's going on and how to obtain the assistance
that's needed.
Speaker 5 (03:05):
Do you feel that, Maryland, that there are a lot
of people who do want to know get this information
because a lot of times we know people are taking
care of the elderly and taking care of folks with dementia,
all kinds of things.
Speaker 3 (03:22):
Yes, they have. I deal with this every day.
Speaker 7 (03:26):
My job is actually I'm a director of marketing and
liaison and what I do I actually go out to
the hospitals do the assessments for the patients to come
in for either short term care that means that they
come in, get their rehab and go home, or I
go in and do an assessment and they no longer
(03:49):
are able to stay at home, so I help them
transition into long term care.
Speaker 3 (03:55):
And that's really how this formulated.
Speaker 7 (03:58):
Every time that I will talk with a patient or
their family, there was a look on their face like
what are you talking about?
Speaker 3 (04:07):
Like they had just got strong by b and I'm like.
Speaker 7 (04:10):
Well, it seems like they need to be informed and
get the buzz on really what they need to know
to do the appropriate thing to get their family members
in and taking care of the correct way.
Speaker 5 (04:24):
Good good, Before we continue to go on, and at
this time you brought someone with you and introduced our
special guests to our listeners.
Speaker 7 (04:34):
Yes, I have Attorney Anthony Bradley joining me on today.
Attorney Bradley is an elder law attorney and he has
been great assistance to me and helping family members and
helping just general people in the community understand what it
(04:55):
is to make a plan, make a plan for living
life in full bloom. And that's what we're going to
talk about today to live in full bloom.
Speaker 6 (05:07):
I love that. I love it.
Speaker 5 (05:08):
Let me say, welcome to you, Attorney Anthony Bradley, Welcome
into WDA.
Speaker 6 (05:14):
How are you.
Speaker 8 (05:15):
I'm doing great? Thank you for having me today when.
Speaker 6 (05:18):
We talk about the elderly.
Speaker 5 (05:21):
And you know what, Attorney brad I never thought that
people may need an attorney for this.
Speaker 6 (05:30):
Tell us a little bit about that.
Speaker 8 (05:32):
Why well, in order to preserve assets. The law has
changed so much in the past thirty years. I remember
when I was growing up. I'm now fifty four years old.
I remember folks that I went to church with growing up,
and they lost all their assets as one of the
spouses was ill had to go into a nursing home
(05:54):
and they didn't know better, but they sold their farm.
They ended up selling their house. They sold all their
assets for one spouse to be able to stay in
the nursing home. Now, the law at that time was
much kinder than what it is today. And the truth is,
the rules get harder every year in order to qualify.
(06:14):
So what I do as an elder law attorneys help
families to plan in advance. If we can, we can
save everything, but we have to plan five years in advance. Wow,
Sometimes we can preserve everything in a lesser time period.
But it just depends on when someone comes to see me.
But almost always we can save assets though if they
will come to me. There are some very popular myths
(06:37):
out there that the house will be taken by medicaid. Yeah,
the nursing home will take the home, and that's not true. However,
it could happen if someone does nothing. And the danger
really is that someone chooses to do nothing, and a
lot of times they talk with people that really don't know,
and they'll talk with folks that don't know rather than
(06:57):
talking to an attorney for half an hour or an
hour and get a much better idea. And unfortunately the
States and medicaid, Medicaid is at the federal level. In Tennessee,
medicaid is called ten Care. There really are not good resources.
So I challenge you to go to their website and
try to read about it and see if you can
figure out what to do. And I know you can't.
(07:20):
I can't if I've read it. So it's just hard
to do. There are so many nuances, and almost always
we can help people to save a tremendous amount of
their assets. For their next generation if that is their goal.
Speaker 5 (07:33):
Wow, And you know what, And and Marylyn, I'm so
glad you brought attorney Bradley because I never heard or
thought about elder law.
Speaker 6 (07:44):
I didn't know there was such a thing.
Speaker 8 (07:47):
Absolutely there is, and it feeds into everything. So think
about as a as a young adult, we all need
powers of attorney. You know, starting when we turn to
age eighteen, we need powers of attorney at least a will.
But then as we marry and we have children, if
we buy a house, we really need a trust. Trust
are a thousand times better than a will because the
(08:11):
assets and a trust do not have to go through
the court process, that probate process, and the cost of
probate is so much greater than what the cost of
a trust is. And as well, you know, anytime there's
a public forum, so if a will is admitted to probate,
then anyone can come out, family members can bring out
(08:31):
their dirty laundry and argue with one another. And with
a trust, it doesn't go through the court process, so
that invitation is really not open. Now your next question
might be, well, can someone challenge a trust?
Speaker 6 (08:43):
Well, of course they can.
Speaker 8 (08:45):
However, an attorney is not going to take that on
a contingency fee. They're going to have to be paid,
So that's going to take the tire kickers out of
the equation. Okay, so a trust is always better than
the will, but a will is better than nothing. But
as we get older, in order to preserve assets, we
need to look ahead and try to determine what do
(09:07):
we want to do and how do we best do it. Now,
an easy scenario, say that someone has millions of dollars, Well,
they don't need to do a trust for medicaid planning purposes.
But someone that has less than a million dollars, I
almost guarantee you they need to. Because the cost of
a nursing home today is nine or ten thousand dollars
(09:28):
or above. Now, what about staying at home. Staying at
home is even more expensive. If someone needs tremendous help,
if they need eight hours per day or greater, then
that's just as expensive as staying full time in the
nursing home. So we really need to think ahead. But
if we can start planning while someone mom or Dad
(09:48):
is still living at home, then we can save nearly
all the assets. It may take a little time, but
we can put a plan together that makes a lot
of sense without throwing money away. Older law planning is
how do we save money in a smart way. We
get the most mileage out of our assets and they're
used the way we want them to be used without
(10:10):
throwing it away.
Speaker 6 (10:12):
I love that.
Speaker 5 (10:13):
If you've just tuned in this afternoon, we are talking
with Miss Marilyn Rucker, she is the marketing director Liaison
for Magic Gardens at Memphis. And we are talking to
Attorney Anthony Bradley with Elder Law. We're talking getting ready
for the Be Informed Seminar. We're going to tell you
more about that. If you have a question or two
(10:35):
for my guests, let me give you out the numbers
nine zero one, five three, five, nine three four two
eight hundred five zero three nine three four two eight
three three five three five nine three four two will
get you in to us. You're listening to double you
d i A the BEV to Say Show.
Speaker 9 (11:09):
You're listening to the BEB Johnson Show. That's you BEB.
I'm w d i A.
Speaker 6 (11:59):
You're listening to the BEV Johnson Show. Here's Bev Johnson.
Speaker 5 (12:04):
And we are talking this day. We are talking with
Miss Maryland Rutger, who is the marketing director Liaison for
Majestic Gardens here at Memphis, and also Attorney Anthony Bradley
with Elder Law and the reason they're here getting ready,
Maryland is getting ready once again for the Be Informed
(12:25):
Seminar and Maryland. When we talk about the Be Informed Seminar,
you said this year the topic living life in full bloom.
Speaker 7 (12:35):
Living life in full bloom, growing in full potential, able
to enjoy life because you've been able to obtain the
resources that are out there in order for you. And
I call it bev getting your house in order. It
doesn't mean that you have to wait until you become elderly.
(12:57):
You prepare as you grow and that's the reason we
titled it living life in full bloom. As we grow up,
I call it growing up. As we grow up. We
go through different stages of life, and preparation just advances
us to each stage and prepare us every stage. Isn't easy,
(13:22):
but if we have different resources, it helped us as
we grow. And Attorney Bradley joined me because when I
have people that come into the skilled nursing facility.
Speaker 3 (13:39):
I have had it.
Speaker 7 (13:41):
Share it with me well, I have a will so
I'm taken care of That's not true. I have to
spend every penny on living here. That's not true. So
what be informed? And it's b ee. I thought that
I would help take the buzz out of the myths
(14:06):
that have been shared throughout ever since I've been a
little girl. There are myths, and I just wanted to
take that buzz out and give the real buzz by
offering information that can help individuals in different categories. So
this time I chose living life in full bloom, how
(14:28):
to prepare for life passing, and a lot of us
we are not sure about generational wealth. And this will
also help you with generational wealth because you can pass
this on down to your children. I pass it down
to my son, and I find it now that he's
(14:48):
passing it down to his friends. So it's a wealth
of information at no cost.
Speaker 5 (14:54):
And this seminar Maryland, it is absolutely free. Yes, where
is it going to be?
Speaker 6 (14:59):
Help?
Speaker 3 (15:00):
Want to be at the Benjamin L.
Speaker 7 (15:02):
Hooks Library And that's thirty thirty Poplar Avenue, Memphis, Tennessee,
three eight one one one and the hours will be
five thirty pm to seven thirty pm.
Speaker 6 (15:16):
Good.
Speaker 5 (15:16):
I want to get back to Attorney Bradley because elder
law and when Maryland said something, it triggered my brain
and elder law. Just because Attorney Bradley, you have a will,
that doesn't mean that that will's going to take.
Speaker 6 (15:34):
What am I looking for.
Speaker 5 (15:36):
Will help you if you have to go to a
nursing home or if you have to stay in your
own home.
Speaker 8 (15:43):
Well, and that's correct. So so let me explain. There
are three requirements for someone to be able to qualify
for a ten care long term care benefits. Okay, so
the first is a medical needs assessment, so your own
doctor or the the skilled nursing facility will rate the
(16:04):
person that assessment. The doctor will review it and sign
off on it, and so that's the first step. The
second is looking at someone's income and their assets. So
step two is the income. So today in twenty twenty five,
under Tennessee law, someone can have about twenty nine hundred
dollars per month of income. If they have more than
(16:25):
this number, then they don't qualify. However, there's a very
easy work around. So if you tell me that your
income is four thousand dollars a month, that's fine. We
just take an extra step. So that's easy. That's what
we do there is we use something called a qualified
income trust sometimes called a Miller's trust, named after a
court case, and essentially that boils down to someone other
(16:49):
than the patient will be responsible for making sure that
those moneies, whatever the income is, the four thousand dollars
is used properly according to the Medicaid rules, which says
that the monies can be used for a medical expenses.
The patient can keep fifty dollars per month as of
medical needs for their personal needs, but whatever the balance
(17:11):
is would be paid over to the nursing facility and
then the State of Tennessee Bureau of ten Care would
be responsible for the balance. All right, So assuming we
get through that, the next step, step three is an
asset test. So with the asset test, the patient can
only have up to two thousand dollars of countable assets.
(17:34):
It's more involved if there is a spouse still living
at home, but that spouse is entitled to keep the
first thirty eight thousand dollars but can keep a total
of up to about one hundred and thirty thousand dollars
under the calculation of that. And so let's talk about that.
Because a lot of times we have to do that,
(17:55):
and so we file. I would file a application may it,
knowing that we meet the income test and we meet
the healthcare assessment, but we have too much in assets.
Let's say, for example, that the couple between them has
two hundred and sixty thousand dollars of countable assets, but
(18:15):
through checking in savings accounts, CDs, brokerage accounts, individual stocks, iras,
and in the state of Tennessee, iras are considered countable assets.
Some states don't, but in the State of Tennessee we do.
So with that, I would file an application knowing it
will be denied because there's too much in assets, all right,
(18:37):
But what I'm doing there is I'm forcing the state
of tendency to say, oh, y'all's total accountable assets is
two hundred and sixty thousand, so you have too much.
What the establish is with the numbers two hundred and
sixty thousand, the spouse living at home can keep one
half up to about one hundred and thirty eight thousand.
(18:57):
So let's assume that wife is still living at home,
she could keep one hundred and thirty thousand. Now husband
that's in the nursing home he can only keep two thousand,
so he has one hundred and twenty eight thousand dollars
too much. So what do we do now? Now we
use the medicaid rules to help the husband and the
wife to protect as much as possible. Now, it might
(19:19):
be that they have debt. Maybe there's a mortgage still
on the house, so they could pay off debt, credit cards,
the house, the house mortgage. Maybe they need new windows,
or to update the house in some ways, painting roof,
a privacy fence, any of those things are allowed. They
can also spend money on themselves, on husband and wife.
(19:41):
What they can't do is to give the moneies away
to a child or a grandchildren. They can't do that.
But they can use the monies for themselves. Also, each
one of them, husband and wife can each own one automobile. Now,
through the years, I've helped so many people that have
found a way of using the last twenty thousand and
(20:01):
thirty thousand and sixty thousand dollars in assets to buy
a newer automobile. So, in that example, if a husband
that's in the nursing home does not own an automobile,
or even if he does, maybe his automobile is a
two thousand and two forward pickup, and they traded in
(20:21):
because he can only own one, they traded in for
a new one. What's the cost of new trucks today?
I saw on television an ad for seventy five thousand dollars,
So there's seventy five thousand dollars. Wife might trade hers
in her automobile for a new car as well, and
so we've just spent a large part of his one
hundred and twenty eight thousand that was too much. In addition,
(20:44):
they can buy prepaid funeral plans that needs to be done.
That's probably the first thing we do actually is prepaid
funeral plans. And if someone prefers cremation instead, a lot
of times we can't prepay the cremation, but we can
buy what's called an irrevocable funeral trust and each one
of them can put up to six thousand dollars into it,
(21:06):
so we can use the monies in smart ways. We
can also buy things that they need, so if they
do need furniture or television, but they can also outfit
the nursing home room. Maybe there's betting. So I encourage
people to buy new clothing not for one season, but
for three years of seasons. Buy new betting pillows, comforters, slippers, robes, pajamas,
(21:34):
all those things. So we use the money in a
smart way. Also buy the things that they love, the
favorite drinks or candies, the food they like. Buy a
lot of that, let a son or daughter take it home,
keep it there, and then bringing in as it's needed.
Speaker 5 (21:52):
Wow, you know a toorny Brady. You say, it sounds
so complicated, and I'm glad you hear. We never talked
about because we never think of about what it's going
to cost you to be in a nursing facility. And
I want to ask it. I wrote it down so
I wouldn't forget. What about Does this also apply to
(22:14):
elderly people who may want to move into assisted living?
Where does that come in?
Speaker 8 (22:20):
Well?
Speaker 1 (22:21):
It does.
Speaker 8 (22:23):
However, Medicaid does not pay for assisted living care.
Speaker 6 (22:26):
They don't.
Speaker 8 (22:27):
It doesn't, so assisted living and independent living are completely
self pay Oh so, but that's a great time for
us to be doing the planning as well. Because we
know that someone's health is declining, they're not able to
ambulate as well, and that's the primary reason someone would
move is because they're not able to walk as well
or get up from a seated position right as well,
(22:50):
So it's a great time to be doing that planning.
And in fact, if they're in an independent living or
assisted living, or even if they're still at home. I
use this every day and my practice of where mom
or dad pays a son or daughter, a trusted friend,
or even a brother or sister as a caregiver. So
(23:10):
state law, federal law allows us all to pay loved ones,
anyone except our spouse, because remember that Medicaid counts husband
and wife's or the married couple's joint assets, their joint income.
So there's no need for you for me to pay
you as my spouse to help me, because it doesn't
(23:32):
matter which pockets. It's in my pocket, is in your pocket,
the county. But instead, if we have a daughter and
she's trustworthy, she comes by, checks on us. It takes
us to doctor's appointments, checks on us, make sure we're
taking our medications, and where we're being We've got good nutrition,
the yards being kept up, we can walk through the
(23:53):
house without falling. We can pay her as a caregiver.
Now the cost of caregiving has gone up from tremendously
Since COVID, there are fewer people that are willing to
work in that industry. And prior to COVID, many people
would say, I met this nice lady at church and
she's willing to help me for ten dollars an hour.
Nobody works for ten dollars an hour now in this area.
(24:17):
So what we see now is really the bottom. The
cheapest is about twenty five dollars per hour. Maybe occasionally
you can find someone for twenty dollars an hour, but
you also need to find reputable people. But we see
hourly ranges for in home help, whether that's in your
personal residence or you're living in independent living or assisted living,
(24:38):
between twenty five and forty five dollars per hour. So
you see that's very expensive. So we're able to transfer
assets from mother or father as the potential patient to
their children or to a trusted person very quickly, and
so over a year's time, we might be able to
(24:59):
save a forwards to one hundred or hundred and twenty
thousand dollars that way, and it's a legal transfer of assets.
Speaker 5 (25:06):
Wow, what about attorney Bradley, Because you talked about people
who have spouse what if you don't have a spouse,
you you're a person, a single person, and you may
need a caregiver. You may have to go to a
nursing home.
Speaker 6 (25:24):
So what do you do there?
Speaker 5 (25:25):
And now you told you said earlier, trust are better
than wills r when it comes to that.
Speaker 8 (25:31):
Well, if someone approaches me and we can plan five
years or more in advance, five years in advance of
the application for Medicaid, then we're perfect.
Speaker 6 (25:42):
So this is all dealing around Medicaid.
Speaker 8 (25:45):
Well, Medicaid's a huge part of it. We want to
but it's the same planning though, to preserve those assets. Okay,
So we're really focused on folks that cannot self pay
for the unknown future. So again I'm really talking about
people with one million or less in assets that they
(26:05):
can spend. Okay, And so someone at two millionaire above
easily will be able to pay for the cost of
the care in a nursing home because probably their income
is greater from pensions and retirement accounts. So someone with
less assets probably has less guaranteed income each month. So
we need to do more planning to make sure that
(26:26):
assets are preserved. So if I'm the patient and I'm
paying my daughter as a caregiver. My hope is that
she's going to help take care of dad later. Right, Okay, so,
but I'm legally paying her. It's a legal transfer from
me to her. It will not disqualify me from medicaid
(26:47):
in the future. But if she still has assets in
the future, hopefully she will help to pay my expenses
out of that. So that's it can work beautifully.
Speaker 5 (26:58):
Yeah, it sounds complicated. We are talking, I know, but
that's why you're the expert. You know. We're talking with
Attorney Anthony Bradley and he's we're talking elder law and
also Miss Marilyn Rutger, who's the marketing director liaison for
Majestic Gardens at Memphis coming up for this being formed.
Speaker 6 (27:18):
So Maryland the be informed.
Speaker 5 (27:20):
Seminar Attorney Bradley will be there and people can ask questions.
He's gonna explain, probably go more into detail than you
can here.
Speaker 6 (27:27):
Tourney Bradley.
Speaker 7 (27:28):
Yes, I'm doing the seminar. Attorney Bradley will be the
main speaker. He will go over everything and we will
have a question and answer session. No question is a
dumb question because if we don't know better, we don't
(27:49):
do better. Right, So that's what we're focusing on. We
are we want to get the message out that there
is help, there are resources, and you can simply connect
with Majestic Gardens at Memphis or Attorney Bradley and we
will help you guide you through this whole transition.
Speaker 3 (28:12):
It's it sounds complicated.
Speaker 7 (28:15):
But once you get the gist of everything and actually
how you should do it, a lot of people say, well,
a big thing is I'm going to lose my home,
so I'm not going to go to a nursing comes.
Speaker 5 (28:29):
A lot of times people think, Attorney Bradley and Maryland
that you go to a nursing home that the nursing
home is going to get their home, yes, or because
they're going to get that home.
Speaker 6 (28:40):
Not necessarily the case. Oh correct, Okay, that's right.
Speaker 8 (28:45):
There are several exceptions to that, and if there's if
it's a married couple, we can almost always save the home.
But Medicaid will never put a lien on the house
as long as the patients, the patient is living or
the patient's spouse is living, okay, And that gives the
family a lot of leeway as well after the patient's
(29:05):
death to negotiate with ten Care. You see, ten Care
can put a lean on the house for an amount
of money equal to what they paid out to the
nursing facility. Now it works similar to health insurance, but
maybe they pay Maybe ten Care pays fifty cents on
the dollar to the nursing facility. So if there's a
ten thousand dollars monthly bill, the patient pays three thousand dollars,
(29:28):
that leaves seven thousand dollars deficit. But ten Care won't
pay the entire seven thousand. They'll pay about fifty cents
on the dollar, so about thirty five hundred dollars. So
if the family did want to keep the home, they
could negotiate with ten care. And you know a big
part of that too is how long did the patient
live in the nursing facility. If the patient lived twelve
(29:51):
years in the nursing facility, then most likely the family
will let it go. But if the patient only lived
a year eighteen months to and they very well may
want to keep the home. And ten Care I found
has been much easier to work with when the family
reaches out to ten care and says, we are the
children of the patient and we'd like to keep the home.
(30:15):
Can we work out something We're not made out of money?
And ten careed listens and is very reacts very well
to then Oh wow.
Speaker 5 (30:22):
We'll go to our phone line. We have some listeners.
I'm sure have callers for you. Questions.
Speaker 6 (30:27):
W D I a high callery.
Speaker 4 (30:32):
Good afternoon, my most beautiful African vine. How are you
doing today? My sister?
Speaker 6 (30:35):
I'm doing well, David? How are you today?
Speaker 4 (30:39):
I'm holding on, sister. I'm so glad. The guests of
the day. Oh I'm sorry, my madness boy, I'm act
like I'm in New York somewhere. Good afternoon. Guess how
y'all doing?
Speaker 3 (30:51):
Good afternoon? Thank you.
Speaker 9 (30:55):
Great?
Speaker 4 (30:55):
Well. My first question is because I've never heard of this?
Speaker 7 (30:58):
What is Majestic God Majestic Gardens at Memphis is a
skilled nursing facility. You can come in if you have
a skilled need such as physical therapy, occupational therapy, speech therapy, IVY, antibiotics.
Speaker 3 (31:17):
Wound care.
Speaker 7 (31:18):
Even if you fall and break a leg, break a hip,
you may need rehab. You come in, get your skilled
services and you return home. Long term care is the
other skilled service that we offer, and you come in.
I call it to our home and we make it
your home. We also have a secure dementia unit. We
(31:43):
have dementia and Alzheimer's patients. They live in a secure area,
but they also have a quality of life. They have
their own dining area, they have their own activities, they
have their own skilled, trained staff. And we also offer
a veterans unit.
Speaker 4 (32:05):
Okay, okay, thank you for that. I learned something new
every day. It's interesting because when I was growing up
in my neighborhood, we called the old Folks home. It's
that now, thank god. But but yeah, great, thank you
for that, ma'am. I you know, you learned something new
every day, and I and as long as I'm breathing,
(32:26):
I'm learning. To the attorney, I had a discussion with
my play mother last week about a law I saw.
I can't remember it, cetera. I know it was on
I think it's on PBS, in which if the significant
other or has to uh leave their job in order
(32:49):
to take care of the significant other who who needs
that care? That there was I think more income or something.
Do you know what I'm speaking of? Because suld I should.
Speaker 8 (33:06):
Well in regard to medicaid, if there is a spouse
that's still at home. Many times that spouse can take
part of the patient spouse's monthly income. So under Tennessee law,
the spouse living at home can keep close to four
thousand dollars per month. So if the spouse living at home,
say only has Social Security income that's one thousand dollars
(33:30):
a month, they may be able to keep up to
about another twenty eight hundred dollars a month from their
spouse that's going into the nursing home there. You know,
all of these laws are in flux now because of
the change in the in the administration in Washington, d C.
And so I just signed up for a class yesterday
(33:54):
for some of these changes that are coming or that
are or that they're looking at making.
Speaker 4 (34:00):
Uh.
Speaker 8 (34:01):
But in regard to Medicaid, we're oftentimes able to preserve
some of the monthly income from the patient and redirect
that to the spouse that's living at home. Still.
Speaker 4 (34:13):
Yeah, yeah, she was, and I was aware of that.
It was just a news story on recently within the
last couple of weeks in which there was supposed to
be even more of a benefit. I'm sorry I didn't
pay more attention to what it was or what uh
news report or news channel or whatever I was looking
(34:34):
at was on her. But it's very it was really recent.
But to your point, yeah, they just passed the bill, well,
the Senate, the Congress did, and I think that included
some Medicare Medicare changes, is that correct? With some cuts.
Speaker 8 (34:51):
I don't believe that the Medicare change changes have gone
into effect yet. I think all of that's still up
in the air.
Speaker 4 (34:58):
Oh no, oh no, no, no no, because it hadn't
passed house. They dissented and there should be some other change.
But anyway, well, thank you. I guess next time I
see that I have to write it down or something,
as I tell Steve to do all the time. But
I appreciate all the great information both of your guests
(35:18):
have brought us. Then thank you. I have a great day.
Speaker 6 (35:20):
Thank you. David W. D. I a high caller.
Speaker 2 (35:24):
Hey Bell, how are you doing?
Speaker 6 (35:26):
I'm doing well?
Speaker 2 (35:26):
In you, I'm okay. I have a question to the attorney.
My question is if, okay, for example, my mom is disabled,
She's not able to get up and walk or do anything,
but she have a daughter or a son that is
(35:47):
able to assist her needs. But what if that son,
our daughter is getting disability, and if and they're the
only one that's able to assist her needs, that she
feels comfortable enough to have them to be Oh, pretty
much have power attorney over doing whatever need to be done,
(36:09):
but taking care of how could could they still get
paid even though with disability?
Speaker 8 (36:16):
Well, let me take that from a couple of different angles.
You mentioned powers of attorney. So with the power of attorney,
that would be the same as is this person naming
someone to hand it handle their finances, their income, their assets,
and so the person appointed is called the attorney in fact,
and they don't that person is not the owner of
(36:38):
those assets, so they can certainly do that even if
they're on disability. The next part of your question, which
I think was the real meat of your question, is to.
Speaker 2 (36:49):
Take care of take during the cooking and cleaning and
et cetera, taking her wherever she needs to go or
him wherever he may needs to go, right.
Speaker 8 (36:59):
And can that person on disability receive income from doing
those things? And I've got two answers for you, And
I'm sorry you're going to say, well, you're talking like
an attorney on both sides.
Speaker 2 (37:11):
If I'm receiving disability, you know with disability they require
that you can only make so much.
Speaker 8 (37:21):
Well, that's right, and so the first question is what
type of disability is it? So that let me tell
you there's Social Security Disability Income SSDI and there's Social
Security Supplemental income or SSI. If a person is receiving SSI,
then they cannot be they cannot receive any payment. They
cannot receive any payment because in doing so, it would
(37:45):
block them from receiving their Medicare health insurance and their
Medicaid insurance, which would be prescriptions, and also the SSI income,
which in total is about nine hundred dollars a month
before there's any deductions. So it depends on what type
of Social Security income it is. If it is SSDI
(38:06):
and folks, the difference here is did the person to
the recipient work enough through the years to receive Social
Security Disability income.
Speaker 4 (38:17):
Or not.
Speaker 8 (38:18):
So here's an easy example. If someone is born with
down syndrome and does not work, then they're going to
receive the most they're going to be able to receive
is SSI, so that nine hundred dollars per month, but
that means their assets are going to be capped at
two thousand dollars, and if they go over two thousand
dollars of assets, they lose their benefits. But now with
(38:39):
SSDI there is no asset limit. So say, for example,
that you've been working and you've accumulated two million dollars
of assets, but then you become disabled because of maybe
a devastating stroke where the something happens. The amount of
your assets does not matter. But to your point where
(39:00):
you said, ma'am is correct that you are limited to
how much income you can make in a given year,
and so it cannot exceed that. So in that case
we would talk about, well, in addition to you, is
there someone else that might be might be the recipient
of those payments?
Speaker 5 (39:19):
So Brenda, to get more information, you need to get
out to that be informed seminar.
Speaker 7 (39:26):
And when is it bes that's June fifth, from five
thirty to seven thirty pm at the Benjamin L.
Speaker 3 (39:36):
Hooks Library.
Speaker 5 (39:39):
Okay, okay, and attorney Bradley it will be there to
answer questions and give you more information.
Speaker 2 (39:45):
Okay. Then, thank you so much, thank.
Speaker 5 (39:47):
You, Bye, welcome, bye, bye, wd iahiy caller.
Speaker 7 (39:53):
Hey, ma'am.
Speaker 10 (39:55):
Later before me, she asked a question wanting to know
when the seminar it's gonna be Unfortunately I won't be
able to attend. But is there somewhere that you can
get some of the information. I know you have given
out a lot of information, Attorney.
Speaker 2 (40:14):
Bradley, but it is a lot to absorb.
Speaker 10 (40:17):
It is so complicated.
Speaker 8 (40:19):
Yes, well, ma'am, it does seem it does seem complicated,
But we're when you first understand it at the tree
top level. Then we can look down to the ground
and see the details that you need to know. And
I'd be happy to talk with you. You can call me.
My office number is nine zero one six eight two
(40:39):
two zero three zero, and that nine zero one six
eight two two zero.
Speaker 10 (40:48):
Three zero, okay. And I look the facility up online
and it said it's on Chucker Street.
Speaker 7 (40:55):
Where is that that's directly across from the Memphis Zoo.
Speaker 3 (41:03):
In Midtown?
Speaker 7 (41:05):
Yes, ma'am, pop, Yes, ma'am, Yes, ma'am.
Speaker 10 (41:09):
Okay, okay. So I'm like David, I had never heard
of this facility before either. So yes, I tell you,
you've given us some valuable information. I just wish I
was able to grab some more of it. But since
I can't come to the seminars. I was saying, you're
gonna have literary tour that you may leave at the
(41:30):
library or something. Yes, people to pick up.
Speaker 3 (41:33):
Yes, Miss Beverly or else.
Speaker 7 (41:35):
You can come by our facility and pick that information up.
And also if you we do something each quarter regarding
health care and Attorney Bratlee, I do have his information
at the facility as well, but you can contact his
(41:56):
office also directly to obtain that information.
Speaker 10 (42:01):
Okay, thank you so much, thank.
Speaker 5 (42:03):
You, very thank you, Bye bye, we'll get this last
call WDA, Hi caller, Hi call are you there? Let's
miss them? Okay, but again this is such good information
Attorney Bradley and Maryland.
Speaker 6 (42:21):
This is good.
Speaker 5 (42:22):
Tell our listeners that ones will be able to come
to the b informed Seminar.
Speaker 7 (42:28):
B Inform the buzz in Healthcare will be held next Thursday,
June fifth, twenty twenty five, from five thirty pm to
seven thirty pm. The address is thirty thirty Poplar Avenue, Memphis,
Tennessee three eight one one one. My contact information is
(42:55):
nine zero one seven two six five six zero.
Speaker 6 (43:01):
Zero one more time Maryland seven.
Speaker 3 (43:04):
Six seven two six five six zero zero.
Speaker 5 (43:10):
Sounds good And last words, Attorney Bradley, you'd like to
say to our listeners today, this is elder law.
Speaker 6 (43:17):
This is really good information.
Speaker 8 (43:20):
We all have to plan. Failing to plan is a
plan to fail. And we see I see legal train
wrecks that come along and it comes from not planning.
And the conversation always ends with I wish you'd contacted
me earlier. We could have done so much more. If
(43:42):
if you can give me a two years heads up, okay,
I can save a tremendous amount five years, I can
help you save everything.
Speaker 5 (43:49):
Okay, okay, sounds good and give your telephone number out again,
Attorney Bradley.
Speaker 8 (43:54):
Nine zero one six eight two two zero three zero.
Speaker 5 (43:59):
I love it, and Maryland again, this is good information
and the be Informed seminar it is much needed because
people need to know how to take care of the elderly.
Speaker 7 (44:10):
Yes, and thank you so much, Beverly. A quick note,
I heard the gentlemen said they used to call it
the old Folks Home. Yeah, we did, but now the
majority of my emissions start at forty and above. What
So it's because of the lifestyles we're living now, So
(44:34):
it's time to become educated, obtain the knowledge and use
it and.
Speaker 5 (44:39):
Again you like you told Beverly, Maryland that people can
come to your facility and get more information even I'm
sure you can talk.
Speaker 6 (44:47):
With them and give a tour if they may need it.
Speaker 7 (44:49):
Yes, And we're gonna start doing more workshops. Attorney Brettley
and I are working on a couple of things. We're
gonna start doing presentation at churches. We're gonna get this
information out so the people can be informed.
Speaker 6 (45:05):
I like it. And again that seminar next week.
Speaker 7 (45:08):
That seminar is June fifth, twenty twenty five. That will
be on next Thursday from five thirty to seven thirty
pm at the Benjamin L. Hooks Library that is thirty
thirty Poplar Avenue. If you need any other information, please
contact Majestic Gardens at Memphis nine zero one seven two
(45:32):
six five six zero zero.
Speaker 6 (45:36):
Thank you both for being here.
Speaker 5 (45:37):
Attorney Bradley, it's been my pleasure of good information today.
Speaker 8 (45:41):
Thank you for having me.
Speaker 5 (45:42):
Thank you and Maryland as always, Thank you, sister, Thank you,
thank you.
Speaker 6 (45:46):
We do appreciate you.
Speaker 3 (45:48):
Right live life in full bloom.
Speaker 6 (45:50):
I love it. I want to thank you callers.
Speaker 5 (45:56):
I want to thank you listeners for joining us this
day on the Bev Johnson Show. We do, we really
do appreciate you, so until tomorrow.
Speaker 6 (46:08):
Please be saved.
Speaker 5 (46:10):
Keep a cool head, y'all, don't let anyone steal your joy.
Until tomorrow, I'm Bev Johnson, and y'all keep the faith.
The views and opinions discussed on The Bev Johnson Show
are that of the hosts and callers and not those
of the staff and sponsors of wd IA.
Popular Podcasts
On Purpose with Jay Shetty
I’m Jay Shetty host of On Purpose the worlds #1 Mental Health podcast and I’m so grateful you found us. I started this podcast 5 years ago to invite you into conversations and workshops that are designed to help make you happier, healthier and more healed. I believe that when you (yes you) feel seen, heard and understood you’re able to deal with relationship struggles, work challenges and life’s ups and downs with more ease and grace. I interview experts, celebrities, thought leaders and athletes so that we can grow our mindset, build better habits and uncover a side of them we’ve never seen before. New episodes every Monday and Friday. Your support means the world to me and I don’t take it for granted — click the follow button and leave a review to help us spread the love with On Purpose. I can’t wait for you to listen to your first or 500th episode!
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
Ridiculous History
History is beautiful, brutal and, often, ridiculous. Join Ben Bowlin and Noel Brown as they dive into some of the weirdest stories from across the span of human civilization in Ridiculous History, a podcast by iHeartRadio.