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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 a Spouse's Monetary Gift Jeopardize the Medicaid Eligibility of the Spouse in the Nursing Home?

If the spouse of a nursing home resident gives a monetary gift to her children/grandchildren from her own monthly income, will it jeopardize the Medicaid eligibility of the spouse in the nursing home? 

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tags: Medicaid Rules
Q:

What Can You Legally Spend Money on in Order to Qualify for Medicaid?

My mom needs to go on Medicaid and has a substantial sum of money in her bank account.  What can we legally spend this money on in order for her to still qualify for Medicaid coverage of her nursing home care? 

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tags: Medicaid Rules
Q:

Can I Receive Social Security Benefits on My Husband's Work Record While He Is Still Working?

I am 65 1/2 years old, and as a homemaker I have never been employed. Am I eligible for some Social Security benefits while my 65-year-old husband is still employed? 

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tags: Social Security
Q:

Can I Sell Our Home Without My Incapacitated Husband's Consent?

My husband has Alzheimer's disease.  I would like to sell our home and downsize to a continuing-care condominimium residence. Can I do this without his consent? 

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tags: Estate Planning
Q:

Will Grandmother's Care Payments to Me Cause a Medicaid Penalty Period?

I've been taking care of my grandma for the past two years.  She pays me $200 every week. She was recently placed in a nursing home after a fall and may need to file for Medicaid. If she does, will I need to pay back the money I received? 

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tags: Medicaid Rules
Q:

Can My Father Execute a New Power of Attorney, Even If Some Consider Him No Longer Competent?

Due to availability, I have been the person to take both parents to all of their doctor/dentist appointments over the past years. I am the eldest of five, and two of my younger siblings are currently agents under my father's power of attorney (POA).  Recently, the doctors' offices and the VA have asked for the agent to be present and this is necessary to facilitate pursuing my father's pension and his VA Aid and Attendance benefits. My father wants me to be an agent under his POA, although my mother is not in favor. My father is still of sound mind; however, the siblings who are agents under the existing POA are saying otherwise. How do I resolve this? How do I ensure that the other agents are abiding by their fiduciary responsibilities? 

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tags: Estate Planning
Q:

If My Name Is on My Son's CD, Will Medicaid Take the Funds?

My son has a CD with his Social Security number on it, but my name is on it as well in case something happens to him. I am 70, and if I have to go into a nursing home and apply for Medicaid, can the government take those funds for my care, or is my son safe to leave me on the account? I live in Texas.

 

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tags: Medicaid Rules
Q:

If I Execute a Power of Attorney, Can I Still Maintain My Own Account?

If I give my daughter power of attorney over my finances and property, can I maintain a separate account not controlled by my agent to purchase food and clothing items for myself?

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tags: Estate Planning

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