How Will a Back Payment From the VA Affect a Nursing Home Resident's Medicaid Benefits?
- March 7th, 2018
You pose a lot of good questions. The timing of the payment is a bit unfortunate. If the nursing home resident’s funeral has not yet been prepaid, that may be the best use of the money. But here are some answers to your questions with the caveat that practices may be a bit different in your state, meaning that to be certain you will need to consult with a local elder law attorney. During the calendar month of receipt, the funds are treated as income and must be used to pay the nursing home. After the first of the following month, they are treated as a resource and if the recipient has more than the asset limit in his state, he will be ineligible for benefits until the amount is spent down. He will have to pay for his own costs until the money is spent down. As mentioned above, the best way to spend it down quickly may be to prepay his funeral costs. There may be other ways available and we strongly recommend that the family consult with a local elder law attorney. To find an attorney near you, click here. It is not the nursing home’s money. The patient or his agent should have the right to manage it. It’s unlikely that the VA will pay for the nursing home. But there are exceptions, so it can’t hurt to ask.
Local Elder Law Attorneys in Ashburn, VA
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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...
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...