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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:

Can the State Try to Get Guardianship of a Nursing Home Resident's Child?

Can the state sue my elderly mother in the nursing home for guardianship of her Down syndrome child? 

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tags: Guardianship/Conservatorship
Q:

Will Medicaid Go After a $200 Checking Account?

My mother-in-law passed away recently. She was a permanent resident of a nursing home and was receiving Medicaid and Social Security benefits. At her death, she had no assets other than a small checking account (less than $200, and no one else is listed on the account). There was no will and no named executor. Can Medicaid try to recover funds paid in such a situation?

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tags: Medicaid Rules
Q:

Will Tuition Gifts to Grandson Need to Be Repaid in Order to Qualify for Medicaid?

My father gave his grandson, my son, a total of $20,000 for college tuition over the last four years. Will this money need to be repaid in order for my dad to qualify for Medicaid? 

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tags: Medicaid Rules
Q:

How Can I Force My Brother to Follow Our Dad's Wishes Regarding Our Inheritance?

My dad passed away about a month ago. My brother and I are listed on his will as executors. We were both listed as power of attorneys (which I understand is void since he is deceased). My brother has no interest in following the will, which says to split everything between us. My brother has admitted taking all of the valuables out of the house, but I have no way to prove anything. The house/property was put in our names in 2002 and our parents retained a "life estate." Now my brother wants to let his son live on the property. I want to sell it and split that amount fairly. How should I handle this?

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tags: Estate Planning
Q:

Tax Refund Pushes Medicaid Recipient Above the Program's Asset Limit

My father-in-law is in a nursing home and is receiving Medicaid benefits. When we had his taxes done this year, he had a refund of $3,000. I know he cannot have more that $2,000 in his account and remain eligible for Medicaid. What do we do at this point? 

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tags: Medicaid Rules
Q:

A Case Where Transferring the Home to a Child Makes Sense

I have been caring for both my mother and father for about four years. I live in their home in Alabama. My mother has severe COPD and my father has dementia. My concern is how would it affect their jointly owned home if one of them has to be placed in a nursing home (they still have a mortgage). What needs to be done to protect the home if one or both of them have to be placed in a nursing home? 

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tags: Medicaid Planning
Q:

Can a Medicaid Applicant Be Billed for Services While the Application Is Pending?

Can a Pennsylvania resident applying for Medicaid be billed for medical and prescription services while the application is pending? Is there a difference if the original Medicaid application was denied and the patient is waiting for a determination on her appeal?

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tags: Medicaid Rules
Q:

Will Medicare Cover a Second Nursing Home Stay?

My aunt was in a nursing home and exceeded the 100 days covered by Medicare.  She was later admitted to the hospital, and then returned to the nursing home. Should Medicare coverage have started over, paying for her nursing home costs again? 

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tags: Medicare

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