Elder Law Answers
Protecting Your House After You Move Into a Nursing Home
While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is po...
Read moreCan Medicare Force a Senior Who Falls a Lot at Home Into a Nursing Home?
- May 17th, 2018
Q
My 90-year-old cousin lives by herself. She's in overall good health but she has fallen a few times. She wears a medical alert button and can summon the paramedics fairly quickly. Her neighbor, who is a retired nurse, told her that if she falls too many times, Medicare won't pay and can force her to go into a nursing home. This has been very upsetting to her. Is this true?
A
No, Medicare can’t force anyone into a nursing home. Emergencies should be fully covered, but there are some limitations on Medicare coverage, which could result in the senior being admitted to a nursing home. At some point the hospital may determine that it’s not safe to discharge your cousin back to her home, but Medicare will no longer pay for her to stay in the hospital because she no longer needs medical care. This can get complicated. In theory, we’re all entitled to make our own autonomous decisions about our health and living situations, even bad decisions. But along with some age bias, there is the reality that some seniors start losing their capacity and may not make decisions that they would make if perfectly competent. When these types of disputes arise, the hospital may seek guardianship over the senior along with placement in a nursing home.
Local Elder Law Attorneys in Ashburn, VA
Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Jean Ball
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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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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