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Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject area(s) of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

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Q:

Does a Purchase for Myself Count in Spending Down So My Husband Qualifies for Medicaid?

My husband is in the hospital for assessment with eventual placement in a nursing home. We have $5,180 in checking and no other assets. I see he can have only $2,000 in assets to qualify for Medicaid. To get the amount closer to $2,000, can I buy a portable oxygen concentrator for my own health needs?  The concentrator costs $2,695. 

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tags: Medicaid Rules , Medicare
Q:

Can My Ex and I Remarry in Order to Make Social Security's 10-Year Marriage Requirement for Benefits?

I was married for nine years but now I'm divorced from my ex.  Social Security says you have to be married at least 10 years in order to receive benefits on a former spouse’s Social Security record, meaning that we're short one year.  If we were to get remarried for a year or more, would that count as at least 10 years?

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tags: Social Security
Q:

Is It Possible to Undo the Transfer of a House into a Medicaid trust?

My mom would like to sell her house and move to a different state near family or possibly even move in with family. Unbeknownst to her, her son who had power of attorney at a time when she was ill, put the house into a Medicaid qualifying trust. She would like to take the money from the sale with her when she moves, perhaps using some of it to help her daughter with a downpayment.  Is this possible? 

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tags: Medicaid Planning, Medicaid Rules
Q:

Can My Nursing Home Prevent Me From Leaving to Visit Family?

I live in a nursing home in New Jersey.  I left the facility to visit family approximately 18 days this year.  Now nursing home officials say I can't leave anymore this year.  Is that possible? 

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tags: Senior Living
Q:

Will Medicaid Have a Claim on My Mother-in-Law's Interest in Our House?

My mother-in-law is on the deed to my wife's and my home.  If she moves into a nursing home, will Medicaid try to claim an interest in my home? How can I prevent them from doing this?  Must I transfer the interest in the property prior to her moving? She no longer earns an income and does not pay anything towards the mortgage at this point. 

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tags: Medicaid Rules, Medicaid Planning
Q:

Will a House My Parents Build on Our Property Be Protected from Medicaid?

My elderly parents would like to sell their home and use some of that money to build a small house on our property to live in. If, down the road, one of them needs to be in a nursing home or starts to run up medical bills, could Medicaid put a lien on our home? 

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tags: Medicaid Rules
Q:

Can I Transfer My Parent's Assets to Myself Using My Power of Attorney?

As the agent under a power of attorney for an elderly parent with progressive dementia, is it allowable to move any or all the parent's assets to a fund in my name or my siblings' names with the intent of paying for all costs associated with care until the five-year look back period for Medicaid has passed, with the remainder being protected by the move? Is this considered gifting, and prohibited under the provisions of the power of attorney, if it is consistent with all intents described in the will and revocable trust, and the agent under the power of attorney is also named trustee?

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tags: Medicaid Planning, Medicaid Rules, Estate Planning
Q:

Should We Lie to Medicaid About a Small Asset Transfer Made 3 Years Ago?

I am applying for Medicaid for mom, who has been diagnosed with Alzheimer's.  Medicaid officials are doing a five-year look back at her finances and they want an explanation and verification for a $2,200 withdrawal three years ago, way before she applied for Medicaid and way before she was diagnosed with Alzheimer's.  Can I say she gave the money to her grandchildren as gifts or should I say she bought a bed, mattress and dresser from an estate sale but I have no receipts?  She has no money to hire an attorney so I am lost.  

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tags: Medicaid Rules, Medicaid Planning

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