Elder Law Answers
Should I Pay My Mother's Nursing Home While Her Medicaid Application is Pending?
I applied for Medicaid in April for my mother, but the application was not approved until August. The nursing home claimed...
Read moreCan I Refuse to Turn Over Pension Payments to My Mother's Nursing Home?
- August 28th, 2013
Q
My mother is in a non-profit nursing home and the nursing home wants my stepfather's pension of less than $100, which I use to pay my travel costs for visiting my mother. My stepfather died before my mother was admitted to the nursing home. Can I refuse to give it to them?
A
No. It sounds like your mother's care is covered by Medicaid. Typically, nursing home residents who receive Medicaid must pay all but a small amount of their income to the nursing home and Medicaid picks up the balance of the cost. If you don't pay over all of the income, the nursing home could sue you for the money or it could seek to evict your mother for nonpayment. More likely, given the amount involved, the nursing home will be stuck with the loss, which doesn't seem fair.
Local Elder Law Attorneys in Ashburn, VA
Meet Mindy Felinton
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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