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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 areas 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:

Can Medicaid Take My Mother's Settlement Money From a Lawsuit Against the Nursing Home?

My mother went into a nursing home six years ago after she broke her hip. She receives Medicaid benefits. We intended for her to get therapy and return home, but while she was in the nursing home, she was severely injured in a fall and now cannot leave the nursing home. She sued the nursing home and received a little more than $25,000 in a settlement. Now Medicaid wants the money that was awarded to her to pay for her care. How can this happen? It should be illegal. Medicaid should make the nursing home be responsible for their neglect and my mother's health from now forward. Is there any way for my mother to keep this money to be used for her final expenses?

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tags: Medicaid Rules
Q:

Does My Dad Need a Power of Attorney If I Can Pay His Bills With a Joint Bank Account?

My dad had a stroke, which has led to aphasia and mild dementia. He can't communicate the right words but he seems to be able to understand, although he forgets things. Before his stroke, he put me on his bank account to manage paying his bills. I am also the beneficiary on his life insurance and annuities. Do I still need to have him sign a power of attorney or something?

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tags: Estate Planning
Q:

Are Children Liable to Pay for Their Parent's Nursing Home?

My wife and her sister are agents under a power of attorney for their mother. We live in Pennsylvania and her mother is in a nursing home here. After repeated verbal assurances from the nursing home's social worker that the nursing home understood why there was a delay in applying for Medicaid (and no communication from the home to the contrary), two weeks ago the nursing home's attorney demanded that we submit a Medicaid application. The application was submitted in compliance with the nursing home's timetable, but we are still dealing with getting additional information that Medicaid has asked for. Now we have received a letter from the nursing home threatening to bill us for approximately $110,000 in room and board costs. What is our liability?

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tags: Senior Living
Q:

If a Healthy Spouse Marries a Nursing Home Resident, Is the Spouse Entitled to the Resident's Social Security?

What happens if a Medicaid recipient in a nursing home marries a healthy bride? Is the new spouse entitled to any of the nursing home resident's Social Security or pension during his life or can she receive it as a surviving spouse?

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tags: Medicaid Rules
Q:

Who Gets to Decide Where Mom, Who Has Mild Dementia, Lives?

I and my two siblings are searching for a better home for Mom. Sister and brother, who spend very little time with Mom, believe she needs to be in a memory care home. I spend a lot of time with her and feel she would be just fine in an assisted living home with some help. Brother has power of attorney. What rights does Mom have regarding living arrangements? She was diagnosed with some level of dementia but she is high functioning and can take care of herself. What rights do I have in the decision? I am hoping to look at assisted living vs. memory care. I will not allow her to go back to a "lock-down” place again!

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tags: Senior Living
Q:

Is a Change of Beneficiary on an IRA Considered a Gift by Medicaid?

Both of my elderly parents are alive, and my father just changed the beneficiary of his IRA account from his wife to his children. Her name is not on the account because she has a separate IRA account. If either parent needs Medicaid in the next five years, would the change of beneficiaries be considered a gift and subject to penalty by Medicaid?

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tags: Medicaid Rules
Q:

Can Medicaid Put a Lien on Property After It Goes Through Probate?

My mother was a Medicaid recipient who passed away in New York City less than a year ago. She owned a co-op apartment that was transferred to me after it went through the probate process. Months later, I received a letter from Medicaid saying that it was putting a lien on the apartment. Can Medicaid do this after the apartment has gone through the process in court?

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tags: Medicaid Rules
Q:

Can I Take My Mother Out of a Nursing Home Over the Objections of Her Agent Under a POA?

My eldest brother, who is my mom's agent under a power of attorney, has put my mom in a nursing home. She does not want to be there -- she wants to live with me. Can I take her out of the nursing home?

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tags: Senior Living

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