Search for Elder Law Attorneys

Questions & Answers

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 areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

After looking through our library of questions and answers first, you still can't find the answer to your question? Click Here

Q:

Who Pays the Nursing Home While Waiting for Medicaid Approval?

Can a person apply for Medicaid before assets are spent down to below $2,000? Once assets are down to $2,000, who is responsible for paying the nursing home costs while waiting for Medicaid approval -- the wife, the children? 

View Answerview
tags: Medicaid Rules
Q:

How Can I Seize Control of My Mother's Finances From My Sister?

My sister holds the power of attorney (POA) for our mother, but I think she is stealing from my mother. How do I go about getting the POA transferred to me? What documents do I need? 

View Answerview
tags: Estate Planning, Guardianship/Conservatorship
Q:

Will Medicaid Count an Investment Gone Bad As an Asset?

My mother has been in a nursing home for the past three years.  When she went to the home I had control of her funds through a power of attorney and have spent almost all of about $350,000 on her care. I did also make an investment that she and I had planned before she became incapacitated that did not work out.  We lost roughly $80,000 between the two of us.  Will this be held against her for Medicaid purposes? And if she has no money other than Social Security and two small retirement payments, what happens? 

View Answerview
tags: Medicaid Rules
Q:

Am I Financially Liable If I Sign a Nursing Home Agreement for Someone Else?

When a person enters a nursing home, who signs the legal documents? Themselves, the wife, the children, the stepchildren? Does signing make the person financially responsible for the nursing home costs? 

View Answerview
tags: Senior Living, Estate Planning
Q:

Does Medicaid's Lien on My Mother's Home Mean She'll Lose It?

Georgia Medicaid put a lien on my mother's home and property as a way to recover the costs incurred by my father's nursing home stay. Will she lose her property?  If she leaves the home and property to a child or grandchild, will they inherit the lien as well upon her death?  If the property is jointly owned with her child or grandchildren, can Medicaid still take the home and property?

View Answerview
tags: Medicaid Rules
Q:

Did I Read That Right -- A Medicaid Recipient Is Allowed Only $45 for Personal Care?

An 87-year-old woman with dementia is in a Medicaid-approved nursing home in Ohio, which allows only $45 a month for personal care. This barely covers hair care. If she needs clothing replaced, does she have to skip hair care? Or hope for gifts? 

View Answerview
tags: Medicaid Rules
Q:

Will My Mother's Social Security and SSI Benefits Stop When She Sells Her House?

My mother, who is 79, recently moved out of her home and into an apartment closer to me so I can help care for her.  She receives both Social Security and Supplemental Security Income (SSI) benefits.  When her house sells, will her benefits stop until all the money is gone? Does she need to report it to someone? 

View Answerview
tags: Social Security
Q:

Will Transferring His Income to Me Affect My Dad's Medicaid Eligibility?

My father made a revocable trust seven years ago. However, he did not transfer or give his money to me until seven months ago, and I put the money into an annuity. Now my father is facing nursing home placement but he will not be entitled to Medicaid assistance for approximately four and a half years. Is that correct? And the monthly income he has from his pension and Social Security -- should he transfer that to me, his daughter who is his agent under a power of attorney? I am going to take him into my house for now, and hopefully be able to care for him until his death.  (We live in Wisconsin.) 

View Answerview
tags: Medicaid Rules

Ask a Question

Ask us a question and we'll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don't hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney. To find a qualified elder law attorney near you, click here.


I understand that ElderLawAnswers is not a law firm and in contacting ElderLawAnswers I am not creating an attorney-client relationship or receiving legal advice. Any question I submit will not be treated as privileged or confidential and may be posted along with its response on www.elderlawanswers.com so others, with similar issues, can benefit from the response. However, my name, e-mail and city will not be posted or made public in association with the posted question and response. I understand that ElderLawAnswers may not respond to my question at all and if it does it will do so in a general matter on which I cannot rely. If I want a specific legal response and guidance, I will seek independent legal counsel from an attorney duly licensed in my state.