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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:

Must a Hospital Inform the Agent Under a Medical POA of a Change in the Patient's Condition?

A hospital did a competency test on a patient and found that she was incompetent, but no one told the patient's daughter who was her agent under a medical power of attorney. If the hospital had given the information to the agent at that time, she could have applied for guardianship. Instead, the doctors told the agent's mom and her mom's boyfriend. The boyfriend then got an attorney and had the power of attorney changed to name him as agent and had the mother sign over a life estate to him. Isn't it medical malpractice to not disclose the information about the competency test to the person who is in charge of the tested person's care? 

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tags: Health Care Decisions
Q:

How Do I Get Medicaid to Stop Sending Estate Recovery Notices When There Is Nothing to Recover?

My mother passed away with no assets -- no house, no life insurance, no savings, etc. What do I need to provide to Medicaid so they stop sending notices about recovering benefits paid to the nursing home? There is nothing to recover.

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tags: Medicaid Rules
Q:

When My Father Is Admitted to the Hospital, What Do I Do With Extra Money in His Nursing Home Account?

My father is in a nursing home in Florida and receiving Medicaid. When he is admitted to the hospital, the nursing home doesn't deduct money from his account for the days he is not in the nursing home. What am I supposed to do with the additional money in his account? The nursing home typically takes $1,960 from his account monthly, and this month it deducted only $1,074 since he was in the hospital for part of the month. 

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tags: Medicaid Rules
Q:

How Does Someone With No Family or Close Friends Find a Health Care or Financial Surrogate?

What is the best way for someone without family or close friends to plan for a medical surrogate (health care proxy) and a financial decision-maker in the case of incapacity?

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tags: Health Care Decisions
Q:

Can Medicaid Recoup Benefits From a House with a Mortgage on It?

My husband's grandmother is in a nursing home. She has a house, but there is a bank loan against it that we are paying off. Can Medicaid take the house or does the bank own it until the loan is paid off?

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tags: Medicaid Rules
Q:

Can a Spouse Sell a Home After the Medicaid Recipient Has Died?

My mom and dad jointly owned a home in Arkansas. My dad just passed away after having to spend some time in a long-term care facility that required him to sign up for Medicaid. The house is falling into disrepair and I would like my mom to move somewhere that requires less maintenance and is closer to family. She can't afford to move without selling her current home. Is she allowed to sell the home or is the state waiting to take it?

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tags: Medicaid Rules
Q:

Does Medicaid Count an UTMA Account If a Grandparent Contributes to It?

Are Uniform Transfers to Minors Act (UTMA) accounts that are owned by a child counted by Medicaid towards a grandfather's eligibility if the grandfather is the custodian? Also, does Medicaid include the grandfather's contributions in the five-year look-back?

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tags: Medicaid Rules
Q:

Does a Spelling Error Make a Power of Attorney Invalid?

My wife is attorney-in-fact under a durable power of attorney for her dad, but her name is spelled Ann and it should be spelled Anne. Does this make it invalid?

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tags: Estate Planning

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