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
Please advise how my Father can receive POA, if my mother cannot sign for POA?
If your mom does not have the capacity to understand and sign a Power of Attorney document, you can ask the Probate Court in her state to... If your mom does not have the capacity to understand and sign a Power of Attorney document, you can ask the Probate Court in her state to appoint a Conservator to manage her assets and business transactions. The petition to appoint a Conservator can request the you, your father, a member of your family, or some other competent person or organization be given the authority to speak and act for your mother.
Does your mother have a Health Care Proxy? If not, you can petition the Court to appoint a Guardian who will have the authority to make health care decisions. Talk with an Elder Law Attorney in your state to learn the best approach to managing the circumstances.
An excellent Agingcare.com article explains: When Is a Person Too Incapacitated to Sign a Will, Trust, or POA?
https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm see more
Does your mother have a Health Care Proxy? If not, you can petition the Court to appoint a Guardian who will have the authority to make health care decisions. Talk with an Elder Law Attorney in your state to learn the best approach to managing the circumstances.
An excellent Agingcare.com article explains: When Is a Person Too Incapacitated to Sign a Will, Trust, or POA?
https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm see more
Question
Is there such thing as a caregivers grant?
Are you willing to accept care from aides and caregivers who come in to your home? Medicaid home care programs in your state may pay... Are you willing to accept care from aides and caregivers who come in to your home? Medicaid home care programs in your state may pay for an array of home care services that provide care for your husband, and help share the care burden that is on you. These programs may even include a grant to a child or other family member who lives in the elder's home.
If you husband is a veteran, an Aid and Attendance pension can reimburse you for caregiving costs provided by others, including an adult child.
Talk with an elder law attorney in your state, and you'll be encouraged to find many resources, although you'll probably find there is no cash grant or compensation for providing care to a spouse. see more
If you husband is a veteran, an Aid and Attendance pension can reimburse you for caregiving costs provided by others, including an adult child.
Talk with an elder law attorney in your state, and you'll be encouraged to find many resources, although you'll probably find there is no cash grant or compensation for providing care to a spouse. see more
Question
Am I being greedy?
It's hard to understand family members who are furious about quality care being provided to an elder, but it is not unusual. People who... It's hard to understand family members who are furious about quality care being provided to an elder, but it is not unusual. People who can't help out may express many emotions that don't help in a difficult situation.
A Caregiver Contract can save a loved one from a nursing home admission, and save the Caregiver from much grief. Without a written agreement, family members may be setting themselves up for problems. Here's why:
Without a written agreement, the family member(s) providing the care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Another reason: 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. Are you the person who is designated as Health Care Agent? Is there a Power of Attorney document that designates you are the person responsible for managing assets? A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, without a written agreement, the 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."
If you talk with an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept.
If the elder is competent to sign the Contract, or if there is an agent designated in a Power of Attorney document who can sign the Contract, the Contract can be an effective way to manage details, so you can focus your energy on the needs of the person you are caring for. see more
A Caregiver Contract can save a loved one from a nursing home admission, and save the Caregiver from much grief. Without a written agreement, family members may be setting themselves up for problems. Here's why:
Without a written agreement, the family member(s) providing the care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Another reason: 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. Are you the person who is designated as Health Care Agent? Is there a Power of Attorney document that designates you are the person responsible for managing assets? A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, without a written agreement, the 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."
If you talk with an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept.
If the elder is competent to sign the Contract, or if there is an agent designated in a Power of Attorney document who can sign the Contract, the Contract can be an effective way to manage details, so you can focus your energy on the needs of the person you are caring for. see more
Question
I've been told to put my mom's money in a trust when she sells her house. What are the benefits of doing this?
Here are 7 reasons to consider using a trust to hold assets: 1 - protection from creditors, 2 - protection from elder financial abuse... Here are 7 reasons to consider using a trust to hold assets:
1 - protection from creditors,
2 - protection from elder financial abuse predators,
3 - protection from spouse of a beneficiary who needs to divorce,
4 - asset management,
5 - keep control over the distributions (making it impossible for beneficiary to cash out accounts),
6 - Medicaid planning, and
7 - keeping assets out of the estate of a survivor who might otherwise have to pay estate taxes
Timing determines whether you can accomplish any of these goals with a trust. The trust document must be drafted with an understanding of your facts and the real estate, probate, tax and trust laws in your state.
If you are thinking of planning for Medicaid, will your mother have enough money to pay for long term care if she needs it during the 5 year period after transferring money into a trust?
Does you mother have the competence needed to establish a trust? Do you have the authority to establish a trust for her?
Your question can only be answered by an estate planning attorney in your state who is aware of all the circumstances. see more
1 - protection from creditors,
2 - protection from elder financial abuse predators,
3 - protection from spouse of a beneficiary who needs to divorce,
4 - asset management,
5 - keep control over the distributions (making it impossible for beneficiary to cash out accounts),
6 - Medicaid planning, and
7 - keeping assets out of the estate of a survivor who might otherwise have to pay estate taxes
Timing determines whether you can accomplish any of these goals with a trust. The trust document must be drafted with an understanding of your facts and the real estate, probate, tax and trust laws in your state.
If you are thinking of planning for Medicaid, will your mother have enough money to pay for long term care if she needs it during the 5 year period after transferring money into a trust?
Does you mother have the competence needed to establish a trust? Do you have the authority to establish a trust for her?
Your question can only be answered by an estate planning attorney in your state who is aware of all the circumstances. see more
Question
Mom received an Aid/Assistance check 4 days after she passed away. Is she entitled to that check?
You didn't mention the month that your mother passed, but you can get answers for your specific facts directly from the Dept of... You didn't mention the month that your mother passed, but you can get answers for your specific facts directly from the Dept of Veterans Affairs.
If the decedent was receiving Aid and Attendance or other Veteran's benefits, the next of kin or Personal Representative of the Estate should call 1-877-838-2778 and request that the VA payments be stopped.
Like Social Security, the VA also pays one month in arrears. For example: the check received in July is for the month of June. Therefore, the estate of a single veteran with no dependents who passes in July will keep the check received in July. However, the August check (for July) must be returned. If the veteran was married or leaves a dependent child, the check for the entire month of death can be kept.
The next of kin or Personal Representative of a Veteran’s Estate should apply for burial benefits of $300.00 for plot and $300.00 for burial, using form 21-530. These benefits can reimburse you if you have already paid for the burial or the plot. see more
If the decedent was receiving Aid and Attendance or other Veteran's benefits, the next of kin or Personal Representative of the Estate should call 1-877-838-2778 and request that the VA payments be stopped.
Like Social Security, the VA also pays one month in arrears. For example: the check received in July is for the month of June. Therefore, the estate of a single veteran with no dependents who passes in July will keep the check received in July. However, the August check (for July) must be returned. If the veteran was married or leaves a dependent child, the check for the entire month of death can be kept.
The next of kin or Personal Representative of a Veteran’s Estate should apply for burial benefits of $300.00 for plot and $300.00 for burial, using form 21-530. These benefits can reimburse you if you have already paid for the burial or the plot. see more
Question
My mom has been on Medicaid for awhile, and she will be going to a nursing home shortly. Will the nursing home...
In my state (Massachusetts), the life insurance policy would be a countable asset, since the face value is over $1,500. But the Medicaid... In my state (Massachusetts), the life insurance policy would be a countable asset, since the face value is over $1,500.
But the Medicaid agency would only count the cash surrender value: $1,000. The nursing home resident would be eligible for Medicaid if she had other countable assets + the cash surrender value that totaled less than $2,000.
Talk with an elder law attorney in your state to learn how to the regulations apply to your Mom, and do check the death benefit beneficiary designation on the policy. see more
But the Medicaid agency would only count the cash surrender value: $1,000. The nursing home resident would be eligible for Medicaid if she had other countable assets + the cash surrender value that totaled less than $2,000.
Talk with an elder law attorney in your state to learn how to the regulations apply to your Mom, and do check the death benefit beneficiary designation on the policy. see more
Question
As POA, do I have the authority to take out my mom's money in her nursing home trust account and put it in a s...
Is Medicaid paying for your Mom's care? If "yes," it's your duty under the Power of Attorney document to manage her... Is Medicaid paying for your Mom's care? If "yes," it's your duty under the Power of Attorney document to manage her business in a way that will not disqualify her from continued coverage for her care. A Medicaid resident can not own countable assets worth more than $2,000, but there are many categories of NONcountable assets.
What is the current balance of your Mom's personal needs account at the nursing home? Ask the nursing home administrator. If your Mom is a Medicaid resident and she is over Medicaid's allowable asset amount, you could use the excess assets to pay for things that she needs that are non countable.
Talk with an elder law attorney in your state, who can guide you to make the best decisions to protect your Mom, and you. see more
What is the current balance of your Mom's personal needs account at the nursing home? Ask the nursing home administrator. If your Mom is a Medicaid resident and she is over Medicaid's allowable asset amount, you could use the excess assets to pay for things that she needs that are non countable.
Talk with an elder law attorney in your state, who can guide you to make the best decisions to protect your Mom, and you. see more
Question
I am concerned that because I have a pension of $1650.00 and SS of $1400.00. Will I never qualify?
You are wise to begin planning now. You're managing for three generations, and an elder law attorney can help you keep apples with... You are wise to begin planning now. You're managing for three generations, and an elder law attorney can help you keep apples with apples and oranges with oranges.
Your question about income and Medicaid eligibility requires more information. Nursing home residents can keep only a small amount of their income if Medicaid is paying the bill.
Establishing a Third Party Special Needs Trust for your child now provides a way for you to fund an inheritance for him that will not disrupt his income eligibility in the future.
An elder law attorney can also explain how establishing a (d)(4)(A) Trust for your child now will give him a place to deposit assets of his own, if that becomes necessary in the future. see more
Your question about income and Medicaid eligibility requires more information. Nursing home residents can keep only a small amount of their income if Medicaid is paying the bill.
Establishing a Third Party Special Needs Trust for your child now provides a way for you to fund an inheritance for him that will not disrupt his income eligibility in the future.
An elder law attorney can also explain how establishing a (d)(4)(A) Trust for your child now will give him a place to deposit assets of his own, if that becomes necessary in the future. see more
Question
Who do I appoint as my financial POA when I do not have family?
You are very wise to ask this question now, at a time when you are still able to express your wishes and intentions. People who outlive... You are very wise to ask this question now, at a time when you are still able to express your wishes and intentions.
People who outlive their trusted friends and family members have several options when considering who to designate as a surrogate (a person who steps into your shoes and manages your finances). Here are 3:
1 - You can establish a Trust that is managed by a financial institution. Banks and trust companies in your state may have a minimum account size, but if the value of your assets are high enough, and the trust company accepts your account, a trust officer would be responsible to manage your income and expense payments.
2 - In my state (Massachusetts) the state has provided funds to local charitable agencies, such as Jewish Family Services, and they provide social workers and attorneys who manage Probate Conservatorship accounts and Guardianships services for people who have no close family members, or people who are caught in the middle of family conflicts.
3 - Your state may have Pooled Trust account services available from a charitable organization that administers funds for people who are unable to manage their own funds. However, the charitable agency will probably require authority from your state's Probate Court in order to step up and serve your needs.
Talk with an elder law attorney in your area as soon as possible. Your local senior center or elder services agency can help you find an attorney to help. see more
People who outlive their trusted friends and family members have several options when considering who to designate as a surrogate (a person who steps into your shoes and manages your finances). Here are 3:
1 - You can establish a Trust that is managed by a financial institution. Banks and trust companies in your state may have a minimum account size, but if the value of your assets are high enough, and the trust company accepts your account, a trust officer would be responsible to manage your income and expense payments.
2 - In my state (Massachusetts) the state has provided funds to local charitable agencies, such as Jewish Family Services, and they provide social workers and attorneys who manage Probate Conservatorship accounts and Guardianships services for people who have no close family members, or people who are caught in the middle of family conflicts.
3 - Your state may have Pooled Trust account services available from a charitable organization that administers funds for people who are unable to manage their own funds. However, the charitable agency will probably require authority from your state's Probate Court in order to step up and serve your needs.
Talk with an elder law attorney in your area as soon as possible. Your local senior center or elder services agency can help you find an attorney to help. see more
Question
Can a durable POA relocate his Mother with Alzheimer's?
Does Power of Attorney address the issue of health care and treatment? Does the patient have a health care proxy and POA for health care?... Does Power of Attorney address the issue of health care and treatment? Does the patient have a health care proxy and POA for health care?
The instructions in the document tell third parties (like nursing homes, hospitals and doctors) who is authorized to make important decisions like where the patient will be cared for.
If there are conflicting instructions, or even conflicting documents, the health care providers won't know who to listen to. That's what happened in the famous case of Casey Kasem.
https://www.agingcare.com/articles/casey-kasem-case-health-care-proxy-170204.htm
Talk with an elder law attorney who can give you an objective view of what your Mother's advance directive documents say, and review any potential conflicts and problems. Starting with this step can save you from costly misunderstandings, as illustrated in this case where a parent was relocated, using the power in a Power of Attorney.
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm see more
The instructions in the document tell third parties (like nursing homes, hospitals and doctors) who is authorized to make important decisions like where the patient will be cared for.
If there are conflicting instructions, or even conflicting documents, the health care providers won't know who to listen to. That's what happened in the famous case of Casey Kasem.
https://www.agingcare.com/articles/casey-kasem-case-health-care-proxy-170204.htm
Talk with an elder law attorney who can give you an objective view of what your Mother's advance directive documents say, and review any potential conflicts and problems. Starting with this step can save you from costly misunderstandings, as illustrated in this case where a parent was relocated, using the power in a Power of Attorney.
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm see more
Question
My mother recently passed, and the nursing home refuses to return the balance in her trust to her family. What...
Did your family pay for funeral or burial, or any other expenses of administering your mother's estate? You may have priority under... Did your family pay for funeral or burial, or any other expenses of administering your mother's estate? You may have priority under your state's law to recover reimbursement. Your question indicates your Mother was a Medicaid patient. Talk with an elder law attorney, and ask about procedures for personal needs accounts in your state. You may be able to get assistance through a legal aid or senior services agency in your community.
Your question should remind all of us that the personal needs account of a Medicaid patient should be monitored by family members during the patient's lifetime, and used to provide resources, including post mortem planning. see more
Your question should remind all of us that the personal needs account of a Medicaid patient should be monitored by family members during the patient's lifetime, and used to provide resources, including post mortem planning. see more
Question
What can I do about my sister not taking care of our mom?
No one can put a price on the pain and suffering that can result from sores and neglect. To protect your Mother's health, you could... No one can put a price on the pain and suffering that can result from sores and neglect. To protect your Mother's health, you could get help from the Aging Services Access Point (ASAP) the serves your town. They can explain procedures for elder protective services.
If you are unable to hire an attorney to represent you, the protective services unit may provide legal services that would petition for Guardianship. You could decide whether you want to serve as Guardian, or have a professional appointed by the Court. Your question is serious, and the passage of time with no corrective steps can result in detriment to your mother. see more
If you are unable to hire an attorney to represent you, the protective services unit may provide legal services that would petition for Guardianship. You could decide whether you want to serve as Guardian, or have a professional appointed by the Court. Your question is serious, and the passage of time with no corrective steps can result in detriment to your mother. see more
Question
What are pros and cons of setting up a real estate trust for the home my parent owns and lives in?
The first thing we need to know is whether your parent is competent to establish a trust, and sign a deed transferring the real estate into... The first thing we need to know is whether your parent is competent to establish a trust, and sign a deed transferring the real estate into ownership of the Trustee.
It sounds like your primary motive is protecting your parent from exploitation. A trust would be an ideal instrument to shield from predators. But if your parent's competence has already slipped away, setting up a trust becomes problematic. It might be possible to take some protective steps, using a Power of Attorney, if your parent had the foresight to establish your authority in a POA document.
Your next step should be to talk with an elder law and estate planning attorney in your state, who can explain the real estate, trust, and Medicaid planning issues that affect your parent.
K. Gabriel Heiser, an Attorney, author and Medicaid asset protection expert has written a book, and many articles on Medicaid planning and trusts. Here is one of his articles on "4 Key Things to Know about Trusts and Medicaid Planning":
https://www.agingcare.com/articles/trusts-and-medicaid-planning-175509.htm see more
It sounds like your primary motive is protecting your parent from exploitation. A trust would be an ideal instrument to shield from predators. But if your parent's competence has already slipped away, setting up a trust becomes problematic. It might be possible to take some protective steps, using a Power of Attorney, if your parent had the foresight to establish your authority in a POA document.
Your next step should be to talk with an elder law and estate planning attorney in your state, who can explain the real estate, trust, and Medicaid planning issues that affect your parent.
K. Gabriel Heiser, an Attorney, author and Medicaid asset protection expert has written a book, and many articles on Medicaid planning and trusts. Here is one of his articles on "4 Key Things to Know about Trusts and Medicaid Planning":
https://www.agingcare.com/articles/trusts-and-medicaid-planning-175509.htm see more
Question
Where to find help with adult diapers?
Contact the ASAP (Aging Services Access Point) in your area for eligibility, screening and information on homecare programs available to... Contact the ASAP (Aging Services Access Point) in your area for eligibility, screening and information on homecare programs available to you. The federal government reimburses each state 50% of the cost of services provided through Waiver programs, and disposable undergarments can be included in personal care services that are provided to people who meet the clinical criteria of the program.
An elder law attorney can also help you navigate the requirements for programs in your area. see more
An elder law attorney can also help you navigate the requirements for programs in your area. see more
Question
Do nursing homes run credit check before accepting patients?
The nursing home will want to know how the care will be paid for. Talk with an elder law attorney in your state to determine the options... The nursing home will want to know how the care will be paid for. Talk with an elder law attorney in your state to determine the options for private payment and whether you are eligible for coverage from Medicare and Medicaid.
The elder law attorney can help you properly calculate and report any assets.
If you are asking on behalf of someone else, Federal Medicare and Medicaid law says that family members cannot be required to sign as a “Responsible Party” for payment of nursing home care costs. 42 USC §1396r(c)(5)(A)(ii). Some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
There are also state laws and regulations the prohibit a facility from requiring a resident to provide a third party guarantee of payment to the facility. Example from my state, Massachusetts:
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf
A credit check would only confirm what you will already need to disclose to the nursing home, and the Medicaid agency if you apply. see more
The elder law attorney can help you properly calculate and report any assets.
If you are asking on behalf of someone else, Federal Medicare and Medicaid law says that family members cannot be required to sign as a “Responsible Party” for payment of nursing home care costs. 42 USC §1396r(c)(5)(A)(ii). Some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
There are also state laws and regulations the prohibit a facility from requiring a resident to provide a third party guarantee of payment to the facility. Example from my state, Massachusetts:
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf
A credit check would only confirm what you will already need to disclose to the nursing home, and the Medicaid agency if you apply. see more
Question
Does Medicaid honor back-pay for personal care agreements?
Now is the time for you to talk with an elder law attorney in your state. Think for a moment about how the Medicaid system in your state... Now is the time for you to talk with an elder law attorney in your state. Think for a moment about how the Medicaid system in your state would be affected if retroactive claims were allowed from any family member who wanted back pay for past services. The system would be swamped with people claiming that the state should pay for current care services, and leave the family with assets owned by the elder.
Caregiver Contracts for family members are valid, but the agreements must be in writing, and the compensation to the caregiver must be for fair market value. If the elder later decides to apply for Medicaid, the state Medicaid agency will be asking for documentation of what was paid for.
In my state (Massachusetts) the Appeals Court decided a case in 2007 where a daughter put hundreds of hours of work into caregiving and repairing her Mother's house. The daughter claimed back pay when the house was sold, but Medicaid refused the Mother's application when she was admitted to a nursing home several years later.
The Appeals Court agreed with the Medicaid denial and took a page from HCFA Transmittal No. 64 to explain how "a transfer to a relative for care provided for free in the past is a transfer of assets for less than fair market value. However, an individual can rebut this presumption with tangible evidence that is acceptable to the State. For example, you may require that a payback arrangement had been agreed to in writing at the time services were provided." That language goes back many years.
Today, even a written agreement for retroactive payment would probably be unacceptable. Current payment for services as they are provided, under an agreement in writing, is the way to document that services are being provided at fair market value.
Your concern about the record title to your Mother's house is also important, since there are other parties who have an interest in how the real estate is owned: the mortgage company and the person who is required to pay the mortgage. A change in the home ownership would disrupt those arrangements.
An elder law attorney in your state can help you satisfy the requirements of the parties involved, including your state Medicaid agency.
The 2007 case can be accessed at the trial court law library here: http://masscases.com/cases/app/68/68massappct228.html see more
Caregiver Contracts for family members are valid, but the agreements must be in writing, and the compensation to the caregiver must be for fair market value. If the elder later decides to apply for Medicaid, the state Medicaid agency will be asking for documentation of what was paid for.
In my state (Massachusetts) the Appeals Court decided a case in 2007 where a daughter put hundreds of hours of work into caregiving and repairing her Mother's house. The daughter claimed back pay when the house was sold, but Medicaid refused the Mother's application when she was admitted to a nursing home several years later.
The Appeals Court agreed with the Medicaid denial and took a page from HCFA Transmittal No. 64 to explain how "a transfer to a relative for care provided for free in the past is a transfer of assets for less than fair market value. However, an individual can rebut this presumption with tangible evidence that is acceptable to the State. For example, you may require that a payback arrangement had been agreed to in writing at the time services were provided." That language goes back many years.
Today, even a written agreement for retroactive payment would probably be unacceptable. Current payment for services as they are provided, under an agreement in writing, is the way to document that services are being provided at fair market value.
Your concern about the record title to your Mother's house is also important, since there are other parties who have an interest in how the real estate is owned: the mortgage company and the person who is required to pay the mortgage. A change in the home ownership would disrupt those arrangements.
An elder law attorney in your state can help you satisfy the requirements of the parties involved, including your state Medicaid agency.
The 2007 case can be accessed at the trial court law library here: http://masscases.com/cases/app/68/68massappct228.html see more
Question
Would short term nursing care and medical services be subject to repayment by Medicaid?
How old is the patient? Federal Medicaid law requires recovery for Medicaid paid medical bills from a person's estate IF the recipient... How old is the patient? Federal Medicaid law requires recovery for Medicaid paid medical bills from a person's estate IF the recipient was over age fifty five (but excluding Medicare cost-sharing payments).
The estate recovery law is at:
https://www.law.cornell.edu/uscode/text/42/1396p
But there are exceptions that could be applied to protect the recipient's assets in your case, including transfer to a family member who is in disability status.
Until you talk with an elder law attorney in your state, you won't know how the circumstances in your case fit with the Federal Law and state regulations.
Information about Medicaid liens in my state (Massachusetts) is at:
https://aspe.hhs.gov/basic-report/medicaid-liens-and-estate-recovery-massachusetts see more
The estate recovery law is at:
https://www.law.cornell.edu/uscode/text/42/1396p
But there are exceptions that could be applied to protect the recipient's assets in your case, including transfer to a family member who is in disability status.
Until you talk with an elder law attorney in your state, you won't know how the circumstances in your case fit with the Federal Law and state regulations.
Information about Medicaid liens in my state (Massachusetts) is at:
https://aspe.hhs.gov/basic-report/medicaid-liens-and-estate-recovery-massachusetts see more
Question
Mom recently passed, do we continue to pay the credit cards or do we let them lapse until executor is set up?
Now is the time to visit with a Probate Attorney in your state. State law sets the rules for enforcement of debts against a decedent. ... Now is the time to visit with a Probate Attorney in your state. State law sets the rules for enforcement of debts against a decedent. Timing may be important If there are mortgage payments due on a piece of real estate. But credit card debt is a very different story. You need the advice of a Probate Attorney in your state who can explain the time line for estate settlement.
State law could provide your Mother's estate with protections that put the burden on the credit card companies to prove a debt is actually owed. If you try to make contact with your Mother's creditors yourself, you will likely set yourself at a disadvantage. Without the representation of a Probate Attorney, you won't really know what you are doing.
In my state (Massachusetts) survivors have conceded substantial amounts of money by charging ahead without legal representation. Many survivors never realize they have wasted substantial sums from an estate, until after making the mistake of proceeding without the advice of a Probate Attorney. Only a Probate Attorney in your state is competent to advise you. see more
State law could provide your Mother's estate with protections that put the burden on the credit card companies to prove a debt is actually owed. If you try to make contact with your Mother's creditors yourself, you will likely set yourself at a disadvantage. Without the representation of a Probate Attorney, you won't really know what you are doing.
In my state (Massachusetts) survivors have conceded substantial amounts of money by charging ahead without legal representation. Many survivors never realize they have wasted substantial sums from an estate, until after making the mistake of proceeding without the advice of a Probate Attorney. Only a Probate Attorney in your state is competent to advise you. see more
Question
What is the best thing to do with nursing home and Medicaid?
Your understanding about your Mom's income is correct. When Medicaid starts paying for her nursing home care, her patient paid amount... Your understanding about your Mom's income is correct. When Medicaid starts paying for her nursing home care, her patient paid amount will be all of her income, except for the small amount allowed for personal needs in your state.
But if there is equity value left in her house that is now on the market, you can set aide the funds that come from the house closing for your Moms supplemental needs, in a Pooled Trust Account. The time to talk with an Elder Law Attorney is now, so that the Medicaid application and the house closing can be coordinated. The Attorney should be aware of charities that provide Pooled Trust services in your state.
Saving the money from the real estate closing in the Pooled Trust account is especially important for your Mom. You may be able to use the funds for a geriatric care manager and care providers who can assist the nursing home in alleviating the behaviors that are prompting the need for the medications you mentioned. see more
But if there is equity value left in her house that is now on the market, you can set aide the funds that come from the house closing for your Moms supplemental needs, in a Pooled Trust Account. The time to talk with an Elder Law Attorney is now, so that the Medicaid application and the house closing can be coordinated. The Attorney should be aware of charities that provide Pooled Trust services in your state.
Saving the money from the real estate closing in the Pooled Trust account is especially important for your Mom. You may be able to use the funds for a geriatric care manager and care providers who can assist the nursing home in alleviating the behaviors that are prompting the need for the medications you mentioned. see more
How long does it take to receive the letter of testamentary from the courts, once everything is filed with the...
Ask if there is anything that can be provided to help the person with their review.
One simple step that can eliminate weeks of waiting is to hand deliver everything that needs to go to the Court, the Court Appointed Lawyer, or anyone else. By placing documents and data directly into the hands of the person who needs to act, you show them that the matter is important to you, and you eliminate days of mail delivery and processing time that add up when your matter is piled onto all the other papers already on the person's desk.
(Real Estate brokers practice this method all the time. If a person can't sign electronically, they go in person to help them with what needs to be done.) see more