John L. Roberts
Certified Elder Law Attorney
John L. Roberts, J.D., is an Elder Law Attorney serving clients in Hampden County, MA. After practicing for 15 years, he confronted the challenges of family caregiving when his own father developed dementia. The experience transformed his practice, enabling him to help clients who are family caregivers from a place of true understanding.
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Question
I have 4 parents that I’m caring for at the same time. They don’t have a lot of money but they don’t qualify f...
Here is a checklist of possible sources for payment and reimbursement for your caregiving work: 1 - At-home care programs provided by... Here is a checklist of possible sources for payment and reimbursement for your caregiving work:
1 - At-home care programs provided by Medicaid in your state;
2 - If one of the parents is a veteran who served during time of war, an Aid and Attendance pension can reimburse for caregiving costs provided by others, including an adult child;
3 - Private payment from the income(s) of the person receiving care;
Start with an elder law attorney in your state who can get specific about the resources, and draft a written agreement to present to the people who are benefitting from your work (or their agent under POA). Without the written contract you are vulnerable. It helps to prevent arguments and misunderstandings with other family members.
A Caregiver Contract can list the organization of care and other services that are being paid for.
Without a written agreement, an elder who pays you for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Medicaid could consider payments to family members as being "disqualifying transfers." see more
1 - At-home care programs provided by Medicaid in your state;
2 - If one of the parents is a veteran who served during time of war, an Aid and Attendance pension can reimburse for caregiving costs provided by others, including an adult child;
3 - Private payment from the income(s) of the person receiving care;
Start with an elder law attorney in your state who can get specific about the resources, and draft a written agreement to present to the people who are benefitting from your work (or their agent under POA). Without the written contract you are vulnerable. It helps to prevent arguments and misunderstandings with other family members.
A Caregiver Contract can list the organization of care and other services that are being paid for.
Without a written agreement, an elder who pays you for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Medicaid could consider payments to family members as being "disqualifying transfers." see more
Question
Can I get paid to care for my grandmother?
Wy not talk to an elder law attorney near you? Medicaid home care programs may be able to pay you for the care you provide. If your... Wy not talk to an elder law attorney near you?
Medicaid home care programs may be able to pay you for the care you provide.
If your grandfather was a veteran who served 1 day during wartime, your grandmother could get Aid & Attendance pension reimbursement to pay for your services. see more
Medicaid home care programs may be able to pay you for the care you provide.
If your grandfather was a veteran who served 1 day during wartime, your grandmother could get Aid & Attendance pension reimbursement to pay for your services. see more
Question
My parents are receiving Medicaid and home care aid. If they move in with me, will they lose their benefits?
Why not talk with an elder law attorney in your state? Your parents may be able to direct payment from their Medicaid home care program to... Why not talk with an elder law attorney in your state?
Your parents may be able to direct payment from their Medicaid home care program to pay you for services you provide. see more
Your parents may be able to direct payment from their Medicaid home care program to pay you for services you provide. see more
Question
Mom (62) receives SSDI, Medicare & Medicaid. Aunt died and left her 33k from her pension and more will come la...
You mentioned that you will be talking with elder law attorneys in your state, and that is the first step toward getting your circumstances... You mentioned that you will be talking with elder law attorneys in your state, and that is the first step toward getting your circumstances under control.
If an attorney is handling your aunt's estate, and your mom hires the elder law attorney, the elder law attorney can give directions on the best way to distribute the estate assets for the benefit of your mother.
If there is no attorney handing your aunt's estate, consider recommending that the family hire a probate - estate settlement attorney.
There's no need to spend the inheritance down to zero, if you get proper advice and guidance from an attorney who knows how to comply with the Medicaid rules in your state.
And for other people reading this column, the way to avoid confusion in future cases would be for Aunt to establish a Testamentary or Supplemental Needs Trust for the benefit of her sister (your mother). Since the Trust assets would be contributed by Aunt, there's no effect on the Trust beneficiary's Medicaid eligibility when Aunt passes and leaves her funds to the Trust, as long at the document is written properly. see more
If an attorney is handling your aunt's estate, and your mom hires the elder law attorney, the elder law attorney can give directions on the best way to distribute the estate assets for the benefit of your mother.
If there is no attorney handing your aunt's estate, consider recommending that the family hire a probate - estate settlement attorney.
There's no need to spend the inheritance down to zero, if you get proper advice and guidance from an attorney who knows how to comply with the Medicaid rules in your state.
And for other people reading this column, the way to avoid confusion in future cases would be for Aunt to establish a Testamentary or Supplemental Needs Trust for the benefit of her sister (your mother). Since the Trust assets would be contributed by Aunt, there's no effect on the Trust beneficiary's Medicaid eligibility when Aunt passes and leaves her funds to the Trust, as long at the document is written properly. see more
Question
My parents will not budge on signing a POA or even fill out an advance directive. Any advice?
Sometimes an appeal to parents' interest in saving money can overcome reluctance to share control of financial and business matters.... Sometimes an appeal to parents' interest in saving money can overcome reluctance to share control of financial and business matters.
You can honestly say: "If you decide not to create Power of Attorney and Health Care directive documents, the only authority to manage your money and health care will have to come from a Court, and that's expensive and takes much more time. It's much less expensive for you to designate who should manage your money and care now, by using these basic documents."
An elder law attorney in your town can help explain all the advantages to them. see more
You can honestly say: "If you decide not to create Power of Attorney and Health Care directive documents, the only authority to manage your money and health care will have to come from a Court, and that's expensive and takes much more time. It's much less expensive for you to designate who should manage your money and care now, by using these basic documents."
An elder law attorney in your town can help explain all the advantages to them. see more
Question
My parents got a settlement after an accident. They are on Medicare. Any advice?
Who paid the settlement to your parents? Did Medicare pay any hospital or medical bills caused by the accident? If Medicare has paid... Who paid the settlement to your parents?
Did Medicare pay any hospital or medical bills caused by the accident?
If Medicare has paid medical expenses, and payment has been or can reasonably be expected to be made under workers comp, or under an automobile or liability insurance policy or plan or under no fault insurance, Medicare considers the payments it make to be conditional, and repayment to "the appropriate Trust Fund" is required.
www.law.cornell.edu/uscode/text/42/1395y
The question you posted here seems to be asking about transfer of asset rules pertaining to Medicaid.
But before considering Medicaid, a first step for you would be to find out who negotiated the settlement. Was Medicare notified? see more
Did Medicare pay any hospital or medical bills caused by the accident?
If Medicare has paid medical expenses, and payment has been or can reasonably be expected to be made under workers comp, or under an automobile or liability insurance policy or plan or under no fault insurance, Medicare considers the payments it make to be conditional, and repayment to "the appropriate Trust Fund" is required.
www.law.cornell.edu/uscode/text/42/1395y
The question you posted here seems to be asking about transfer of asset rules pertaining to Medicaid.
But before considering Medicaid, a first step for you would be to find out who negotiated the settlement. Was Medicare notified? see more
Question
Are there different pay for aid and attendance?
The key concept to remember for VA Aid & Attendance is "reimbursement." The VA is looking to see that you are spending so... The key concept to remember for VA Aid & Attendance is "reimbursement." The VA is looking to see that you are spending so much of your income for medical and care expenses, and they reimburse you for those expenses, up to the monthly Maximum Annual Pension Rate (MAPR) Category amounts .
www.benefits.va.gov/pension/current_rates_survivor_pen.asp
www.benefits.va.gov/pension/current_rates_veteran_pen.asp see more
www.benefits.va.gov/pension/current_rates_survivor_pen.asp
www.benefits.va.gov/pension/current_rates_veteran_pen.asp see more
Question
Is it customary/typical for sensitive info (i.e. SSN, etc.) to appear on a checklist for initial attorney cons...
It is not necessary to disclose your identifying numbers, such as Social Security numbers or bank account numbers, to an elder law attorney... It is not necessary to disclose your identifying numbers, such as Social Security numbers or bank account numbers, to an elder law attorney who is explaining the regulations and your best options for planning. Generic descriptions of just the asset values (bank balances, stock values, etc) are sufficient to prepare an Inventory that you and the attorney can use for planning.
If you do decide to hire the elder law attorney to prepare a Medicaid application, or assist you with estate planning that involves retitling assets, only then you would share an applicant's social security number, or an applicant's account numbers. The attorney would need those numbers to complete the Medicaid application, or work with customer service.
But the attorney wouldn't need identifying numbers for other family members, unless the attorney was assisting the client with beneficiary designations on the client's accounts. Even then, sharing of information about beneficiaries can be limited to the forms filled out and submitted to the financial institutions, or by way of a three way phone call with the customer service department of the financial institution and the client, who keeps the information.
Perhaps the estate planning checklists you were given are obsolete forms from years past, before we became sensitive and aware of the need to protect privacy and avoid collecting data on people.
While dates of birth for the client and their family members may be helpful to understand a client's current and future circumstances, I do not collect the other information you mentioned until there is a specific reason, such as filing a Medicaid application. see more
If you do decide to hire the elder law attorney to prepare a Medicaid application, or assist you with estate planning that involves retitling assets, only then you would share an applicant's social security number, or an applicant's account numbers. The attorney would need those numbers to complete the Medicaid application, or work with customer service.
But the attorney wouldn't need identifying numbers for other family members, unless the attorney was assisting the client with beneficiary designations on the client's accounts. Even then, sharing of information about beneficiaries can be limited to the forms filled out and submitted to the financial institutions, or by way of a three way phone call with the customer service department of the financial institution and the client, who keeps the information.
Perhaps the estate planning checklists you were given are obsolete forms from years past, before we became sensitive and aware of the need to protect privacy and avoid collecting data on people.
While dates of birth for the client and their family members may be helpful to understand a client's current and future circumstances, I do not collect the other information you mentioned until there is a specific reason, such as filing a Medicaid application. see more
Question
My husband has been on the deed to Mom’s house since 2004 and became her POA at the time when she became legal...
In your follow up, you mentioned that son has taken care of mom for several years. Medicaid has a caregiver exception that protects the... In your follow up, you mentioned that son has taken care of mom for several years. Medicaid has a caregiver exception that protects the rights of adult children who live in the home and provide two years or more of home care for a parent who would otherwise have needed care in a facility. This exception takes effect upon the elder's admission to a facility.
You also mentioned that an ownership interest was transferred many years ago, well beyond Medicaid's 5 year look back period for disqualifying transfers.
So there may be many ways for your elder to qualify for Medicaid home care benefits now, and for Medicaid to cover costs in a facility if needed in the future.
Talking with an elder law attorney in your state now can open up all the options for your family. see more
You also mentioned that an ownership interest was transferred many years ago, well beyond Medicaid's 5 year look back period for disqualifying transfers.
So there may be many ways for your elder to qualify for Medicaid home care benefits now, and for Medicaid to cover costs in a facility if needed in the future.
Talking with an elder law attorney in your state now can open up all the options for your family. see more
Question
DPOA in depth; can my Mom call the lawyers to get an understanding of what she signed without my sister being...
Your questions involve many circumstances and emotions that can become escalated during times of transition and declining health. One way... Your questions involve many circumstances and emotions that can become escalated during times of transition and declining health.
One way to approach the problems you are describing is to confirm who represents your parents. The attorney who drafted the documents that your parents signed should be able to confirm that he/she was representing them, and their interests, and that there were no conflicts of interest.
The agency in your state that regulates attorneys can provide information to you about the role of the trusts and estates attorney who advised your parents, and the duties of loyalty and confidentiality that apply. see more
One way to approach the problems you are describing is to confirm who represents your parents. The attorney who drafted the documents that your parents signed should be able to confirm that he/she was representing them, and their interests, and that there were no conflicts of interest.
The agency in your state that regulates attorneys can provide information to you about the role of the trusts and estates attorney who advised your parents, and the duties of loyalty and confidentiality that apply. see more
Question
If you have a POA but do not agree with the POA and you are competent, alert and oriented who has decision mak...
Talk with an elder law attorney in your state. In my state (Massachusetts) a person may revoke a health care proxy by notifying the agent... Talk with an elder law attorney in your state. In my state (Massachusetts) a person may revoke a health care proxy by notifying the agent or a health care provider orally or in writing or by any other act evidencing a specific intent to revoke the proxy.
You are presumed to have the capacity to revoke a health care proxy unless determined otherwise pursuant to court order.
malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201D/Section7
The laws and cases in your state can give you guidance on what you need to do to express your wishes. see more
You are presumed to have the capacity to revoke a health care proxy unless determined otherwise pursuant to court order.
malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201D/Section7
The laws and cases in your state can give you guidance on what you need to do to express your wishes. see more
Question
I have a former neighbor, who listed me as her DPOA for for a major surgery-17 years and several moves later s...
You are not the first person who has been designated by a friend or neighbor who has unreasonable ideas about bestowing financial and... You are not the first person who has been designated by a friend or neighbor who has unreasonable ideas about bestowing financial and caregiving responsibilities.
Your advice to your friend that she talk with an elder law attorney is most helpful. You could encourage her with the thought that an elder law attorney in your state can explain the regulations governing how she could keep her house during her lifetime if she does need long term care in the future.
If she continues to decline realistic planning, and the responsibilities are beyond your ability to help, you can explain to her how an elder protective service agency in your area may become involved.
At that point, her case may become subject to guardianship or conservatorship proceedings in a court, and the control that your friend had so earnestly wanted to hold onto will be shifted to professional people who are appointed by the court. see more
Your advice to your friend that she talk with an elder law attorney is most helpful. You could encourage her with the thought that an elder law attorney in your state can explain the regulations governing how she could keep her house during her lifetime if she does need long term care in the future.
If she continues to decline realistic planning, and the responsibilities are beyond your ability to help, you can explain to her how an elder protective service agency in your area may become involved.
At that point, her case may become subject to guardianship or conservatorship proceedings in a court, and the control that your friend had so earnestly wanted to hold onto will be shifted to professional people who are appointed by the court. see more
Question
What about a revocable trust, does that help at all, i.e. Medicaid, LTC, etc.
Funds in a revocable trust (often called a Revocable Living Trust or "RLT") are available to the Grantor (the person who set up... Funds in a revocable trust (often called a Revocable Living Trust or "RLT") are available to the Grantor (the person who set up and funded the trust). People establish RLT's to keep control of their assets and property during their lifetimes, and then have the assets pass to the beneficiaries they name in the RLT upon their death without needing to go through Probate.
Because the Grantor, or their agent, can revoke the trust and/or withdraw the money, the funds are available to pay for care.
If the Grantor needs long term care, Medicaid will consider anything in the Revocable Living Trust to be excess assets, and the RLT would have to be spent down before Medicaid approve an application for long term care benefits.
There are circumstances where assets in an RLT would not disqualify another trust beneficiary who was not the Grantor. So RLT's can be useful in planning for family members. You are best served by talking with an trusts and estates attorney or elder law attorney in your state, who can explain how you can use trust planning to protect your family. see more
Because the Grantor, or their agent, can revoke the trust and/or withdraw the money, the funds are available to pay for care.
If the Grantor needs long term care, Medicaid will consider anything in the Revocable Living Trust to be excess assets, and the RLT would have to be spent down before Medicaid approve an application for long term care benefits.
There are circumstances where assets in an RLT would not disqualify another trust beneficiary who was not the Grantor. So RLT's can be useful in planning for family members. You are best served by talking with an trusts and estates attorney or elder law attorney in your state, who can explain how you can use trust planning to protect your family. see more
Question
Can the contents of a will be included in a power of attorney?
Your Will should be coordinated with your Power of Attorney, but don't confuse the purposes of these two essential planning documents.... Your Will should be coordinated with your Power of Attorney, but don't confuse the purposes of these two essential planning documents.
POA designates a person to act for you during your lifetime; but the power ends at the moment you pass on into eternity.
Your Will gives instructions to your Personal Representative about how your assets should be distributed upon your death.
Many people decide to use Will substitutes (beneficiary designations on insurance policies and retirement accounts, In Trust For on bank accounts, and Joint Ownership) to avoid the need to probate a Will.
You can coordinate all of these methods work together to accomplish your intentions. Talk with an Estate Planning Attorney who also understands Elder Law, and you can learn how to protect yourself and the people you love. see more
POA designates a person to act for you during your lifetime; but the power ends at the moment you pass on into eternity.
Your Will gives instructions to your Personal Representative about how your assets should be distributed upon your death.
Many people decide to use Will substitutes (beneficiary designations on insurance policies and retirement accounts, In Trust For on bank accounts, and Joint Ownership) to avoid the need to probate a Will.
You can coordinate all of these methods work together to accomplish your intentions. Talk with an Estate Planning Attorney who also understands Elder Law, and you can learn how to protect yourself and the people you love. see more
Question
How can I become power of attorney for my father who has late stage dementia?
Talk with an Elder Law attorney in your state. If your father has lost capacity to make financial or health care decisions, you will need... Talk with an Elder Law attorney in your state. If your father has lost capacity to make financial or health care decisions, you will need the authority of a Court to manage his affairs, unless he designated an alternate person to step up and serve as his agent.
Probate Court Guardianship supervises a person's medical care. Conservatorship oversees a person's financial matters. If an elder loses the ability to communicate informed decisions, someone else must speak for that person. If you are willing to serve, you can petition to ask the Court to give you authority. But there are costs and time commitments. An Elder Law Attorney in your state can explain your options. If your father is needy, there may be programs in your state that provide legal services and professional guardianship services. But you have to consider the loss of control that goes with assenting to have others act on behalf of your loved one. see more
Probate Court Guardianship supervises a person's medical care. Conservatorship oversees a person's financial matters. If an elder loses the ability to communicate informed decisions, someone else must speak for that person. If you are willing to serve, you can petition to ask the Court to give you authority. But there are costs and time commitments. An Elder Law Attorney in your state can explain your options. If your father is needy, there may be programs in your state that provide legal services and professional guardianship services. But you have to consider the loss of control that goes with assenting to have others act on behalf of your loved one. see more
Question
Who determines caregiver pay when POA is the caregiver? Any tips?
As mentioned by another community member, an elder who pays a family member for care could be disqualified from Medicaid coverage if they... As mentioned by another community member, an elder who pays a family member for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Your state's Medicaid agency could view the payments as disqualifying transfers. A written agreement, with records of payment to you, would provide verification to the Medicaid agency that the payments are not disqualifying, and that the payments provided value to your mother.
In my state (Massachusetts) you can not make retroactive payments for work done before the Caregiver Contract is in force, ad expect Medicaid to honor the Contract.
Other reasons to create a written Contract are the vultures you mentioned. Without a written agreement, the family member(s) providing the care are vulnerable. The Caregiver Contract recognizes and rewards the time and effort that you give to care, and helps to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. The Caregiver Contract can include a written organization of care and other services.
Talk with an elder law attorney in your area to prepare the document that serves your mother's interests. see more
In my state (Massachusetts) you can not make retroactive payments for work done before the Caregiver Contract is in force, ad expect Medicaid to honor the Contract.
Other reasons to create a written Contract are the vultures you mentioned. Without a written agreement, the family member(s) providing the care are vulnerable. The Caregiver Contract recognizes and rewards the time and effort that you give to care, and helps to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. The Caregiver Contract can include a written organization of care and other services.
Talk with an elder law attorney in your area to prepare the document that serves your mother's interests. see more
Question
Would an Eldercare Attorney or the Trust Department of my bank be better to act as the Executor of my Will? N...
Don't tell us here on the forum, but the answer to your question depends on the value of your estate, the type of assets that you own,... Don't tell us here on the forum, but the answer to your question depends on the value of your estate, the type of assets that you own, and whether your Will is going to establish a Testamentary Trust that would continue to hold assets into the future.
If you have a large estate with assets like stock, bonds and securities, a bank trust department would be interested in working with you. The professional fiduciary services offered by a trust department would be needed if you want to gradually distribute assets to people over a period of years following your death. Their fees are based on the value of the estate.
If you have a smaller estate and/or most of your wealth is in the form of your house or other real estate, an individual attorney or law firm could be a good choice. An attorney acting as fiduciary is able to work on the estate at an hourly rate. If the estate assets are to be sold and the proceeds distributed to friends, family or charity, an attorney can handle the arrangements efficiently.
In my state (Massachusetts) the Attorney General's Office provides an extra layer of review if the Will designates any of the estate assets to go to a charity.
Many bank trust departments are reluctant to take on estates and trusts involving real estate, especially small estates that hold residential real estate. The trust department fee schedule doesn't fit well with managing and liquidating real property.
In addition to a Will, consider a Living Trust which would own your assets during your lifetime, and distribute your assets to the people and/or charities you designate upon your death. You are the Trustee during your lifetime, and a Successor Trustee steps up if you become disabled and/or upon your passing. see more
If you have a large estate with assets like stock, bonds and securities, a bank trust department would be interested in working with you. The professional fiduciary services offered by a trust department would be needed if you want to gradually distribute assets to people over a period of years following your death. Their fees are based on the value of the estate.
If you have a smaller estate and/or most of your wealth is in the form of your house or other real estate, an individual attorney or law firm could be a good choice. An attorney acting as fiduciary is able to work on the estate at an hourly rate. If the estate assets are to be sold and the proceeds distributed to friends, family or charity, an attorney can handle the arrangements efficiently.
In my state (Massachusetts) the Attorney General's Office provides an extra layer of review if the Will designates any of the estate assets to go to a charity.
Many bank trust departments are reluctant to take on estates and trusts involving real estate, especially small estates that hold residential real estate. The trust department fee schedule doesn't fit well with managing and liquidating real property.
In addition to a Will, consider a Living Trust which would own your assets during your lifetime, and distribute your assets to the people and/or charities you designate upon your death. You are the Trustee during your lifetime, and a Successor Trustee steps up if you become disabled and/or upon your passing. see more
Question
My mom doesn't have a power of attorney, guardianship and other important documents in place for her well bein...
As other posters point out, answers depend on your Mom's current competence. The primary purpose of a Durable Power of Attorney is to... As other posters point out, answers depend on your Mom's current competence. The primary purpose of a Durable Power of Attorney is to eliminate the need to appoint a Conservator in the event a person becomes incapacitated. Conservatorship is a public court proceeding. It requires filing fees and public notices published in the newspaper. The Conservator's accountings for an incapacitated person's assets and income are reviewed by the Probate Court. The accounts are open to inspection by anyone who walks into the Registry of Probate and asks to see a file.
Just as the Power of Attorney gives your Agent the authority to take care of assets and business transactions, the Health Care Proxy or Advance Directive for Health Care is designed to avoid the need for appointment of a Probate Court Guardian to take responsibility for medical care and medication. That is because the proxy document gives to a Health Care Agent the authority to tell doctors and health care providers how to take care of the "principal" who signed the document.
If your Mom is able to understand and sign these documents, she can avoid Conservatorship and Guardianship. If she does not have competence, you may need to get authority through Court proceedings like Guardianship or Conservatorship. see more
Just as the Power of Attorney gives your Agent the authority to take care of assets and business transactions, the Health Care Proxy or Advance Directive for Health Care is designed to avoid the need for appointment of a Probate Court Guardian to take responsibility for medical care and medication. That is because the proxy document gives to a Health Care Agent the authority to tell doctors and health care providers how to take care of the "principal" who signed the document.
If your Mom is able to understand and sign these documents, she can avoid Conservatorship and Guardianship. If she does not have competence, you may need to get authority through Court proceedings like Guardianship or Conservatorship. see more
Question
How do I remove a parent with dementia as trustee of family trust?
Does the Trust document contain instructions on how to handle the Trustee's lack of competence. Is there an incompetent trustee clause?... Does the Trust document contain instructions on how to handle the Trustee's lack of competence. Is there an incompetent trustee clause?
A similar story is told in the case of billionaire Donald Sterling:
https://www.agingcare.com/articles/removing-a-trustee-donald-sterling-case-170825.htm
A Probate a Estate Settlement lawyer can help you identify your options. see more
A similar story is told in the case of billionaire Donald Sterling:
https://www.agingcare.com/articles/removing-a-trustee-donald-sterling-case-170825.htm
A Probate a Estate Settlement lawyer can help you identify your options. see more
Medicaid question?
Did your uncle designate you as a "Joint Owner," or did he make a beneficiary designation on the accounts, so it will be POD (payable on death) or ITF (in Trust For)? Or, did he name you as a co-signer with authority to manage the account for him? Banks have several ways to help their customers provide access to trusted family members.
If you are NOT a "Joint Owner" now, there is no effect on your asset limit for a Medicaid program. But when the asset does pass to you, the account value gets added to your assets, and your eligibility could be affected.
Talk with an elder law attorney in your state, so you can tell your uncle what he needs to do, to protect your interests, along with his intentions. see more