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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 Medicaid Require Funds in a Wife's IRA to Be Spent Down?

My sister-in-law has a considerable amount in her IRA. Her husband is in an assisted living facility and she is concerned that he will ultimately require a nursing home. Her main concern is that the state will take away her funds from the IRA if her husband applies for Medicaid. The IRA is only in her name. Can the state attach her money in the IRA? 

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tags: Medicaid Rules
Q:

Will Removing Funds From a Joint Bank Account Cause a Period of Medicaid Ineligibility?

More than five years ago my mother and I set up a joint bank account. Three years ago I moved the funds to an account in my name only. My mother recently entered a nursing home and applied for Medicaid (in Rhode Island). Would any of this account be subject to clawback? 

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tags: Medicaid Rules
Q:

Can My Aunt Suddenly Cut Off My Stipend for Taking Care of Grandmother?

I have moved my 93-year-old grandmother into my home. Neither my aunt nor my father wanted to take care of her. She is not at the point where she needs full-time medical care, but she needs someone to watch over her on a daily basis. My aunt has been paying me $100 a week for food and essentials, but now is saying that she is cutting off all money to me/my grandmother until she speaks with an elder lawyer. My grandmother, father, and aunt are all on her checking account. Do I have any rights to protect my grandmother and myself financially at this point? 

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tags: Senior Living, , Medicaid Rules
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

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