Search Articles

Find Attorneys

Can I Refuse to Turn Over Pension Payments to My Mother's Nursing Home?

  • August 28th, 2013
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?

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

Loretta Williams

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Evan Farr

Farr Law Firm
Fairfax, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Last Modified: 08/28/2013

Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information