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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:

Will My Mother Lose My Father's Income When He Goes on Medicaid?

My father is very ill and may have to be placed in a residential home or long-term psychiatric facility. Will my mother lose his pension and Social Security checks?  Without them she will not be able to afford her home, as her own Social Security benefit is only about $500 a month.

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tags: Medicaid Rules, Social Security
Q:

Does Applying for Medicaid on an Incapacitated Person's Behalf Require a Guardianship?

My mother-in-law is in a nursing home and is mentally and physically incapacitated. She has run out of funds and needs to apply for Medicaid. We do not have a power of attorney or guardianship. We are supplying the information requested by Medicaid for the application. Is it necessary to have a guardianship for her before she can receive Medicaid? 

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tags: Guardianship/Conservatorship, Medicaid Rules, Estate Planning
Q:

Will Our Uncle's Cash Gifts to Us Need to Be Repaid?

My uncle has no children of his own, only three nieces. He is considering gifting each of us $14,000, the maximum amount in 2014 that the IRS allows a taxpayer to gift to another individual without reporting the gift. If my uncle were to enter a nursing home within five years, would we be responsible to pay back the gifts? 

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tags: Medicaid Rules
Q:

Will Husband Have to Vacate House His Wife Owns When She Enters a Nursing Home?

My father has been married to his second wife for over 20 years. She has dementia and is going into a nursing home. The home they have been living in is in her name from a previous marriage. Her adult children are trying to get my dad to sign papers that he will vacate the house and it will be theirs as soon as she enters the nursing home. They are saying that the house is willed to them. Does he have to vacate the house or is he entitled to stay there? 

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tags: Senior Living, Estate Planning
Q:

Can the State Take My Social Security to Repay Medicaid's Coverage of My Husband's Care?

My husband, who was in a nursing home, died a few weeks ago.  All his medical bills were paid for by Medicaid. Yesterday I recieved a letter from the state about Medicaid repayment. He and I have no property.  My only income is from Social Security and I live in HUD assisted senior apartments. Can the state take my Social Security checks? That is the only asset I have to live on.

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tags: Medicaid Rules
Q:

What Will My Capital Gains Tax Be When I Sell My Home?

I am planning on selling my house and buying a smaller and cheaper one. I am married and have been in my home for 40 years. Its sale price will be close to $2.5 million. I paid $358,000 and I have made approximately $250,000 in improvements. My new purchase will be about $1 million. What capital gains taxes will I be paying on the sale of my primary residence. (I live in California.)

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tags: Estate Planning
Q:

How Will Taking Out a Reverse Mortgage Affect Home Care Benefits?

My mother is currently receiving home care services under New York's Medicaid program. If she takes out a reverse mortgage on her home and gives me some of the money to help me with the downpayment to buy myself a home, will she be disqualified from Medicaid when she recertifies? 

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tags: Medicaid Rules
Q:

What Happens to Dad's Debts When He Moves to a Nursing Home and Has No Money?

My father will go on Medicaid long-term care assistance soon. He will receive only $95 a month in income; the state will take everything else for the nursing home. What is he to do with all his medical hospital and credit card bills? Does he need to file for bankruptcy? Does he do nothing since he has nothing to take. He has no assets and nothing of importance or value.

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tags: Estate Planning, Senior Living

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