Medicaid

Am I still obligated to pay?

ADDITIONAL INFORMATION: My mother has had 2 strokes within the past year. The 2nd stroke was severe enough that my mother needed to be placed in a long term/nursing facility. According to the admissions person at the nursing facility, my mother’s 100 days of Medicare ended 9/15/16. Mom was Medicaid eligible as of 7/1/16. The nursing facility sent a bill for the resident responsibility for the entire month of September. Since Medicare coverage was until 9/15/16

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Can I file a lien on someone who is in the process of selling their home?

ADDITIONAL INFORMATION: My siblings, prior to my mother’s death, got dementia-stricken mother to take everything out of parent’s bank account and give it to them for safe keeping. Father will not sue his children for $87,000….besides, four out of five children have already received and spent their equal portion. I, the youngest and mother’s caregiver who knew that every morning mother had clarity and asked that their money be returned, have not received my equal portion.

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Nursing Home Fraud.

ADDITIONAL INFORMATION: The Nursing Home that my Deceased Dad was in after having a sudden stroke is trying to get a judgement against me stating that I was his POA & I should not have accepted yrly checks from him for my two children & myself. I did not sign any papers stating that I would be responsible. Their claims are that even though my dad was in good health taking care of his own home

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Can we protect my mother’s assets from Medicaid by having a family members live in her house and act as caretaker?

ADDITIONAL INFORMATION: I heard from a neighbor but can’t confirm that Medicaid’s five year “look back” for assets that can be applied to nursing home expenses is cut back to two years if a family member lives in the house and acts as caretaker. If so, do they have to be living there for two years before the reduced look back takes effect? Or does it take effect right away? Thanks! ATTORNEY ANSWER BY MARGARET L.

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How do i sell mothers home,without power of attorney?

ADDITIONAL INFORMATION: Mother is in nursing home, money is running out soon. I am her daughter, but I don’t have durable power of attorney.What do I need to do,legally to sell her home, so that I can continue to pay her nursing home bill/utilities/property taxes/and medications? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Medicaid, her home is a non-countable assets. Instead of trying to sell the house, you should consult with an elder law attorney about

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MassHealth estate recovery and probate litigation

ADDITIONAL INFORMATION: How much time does Masshealth have to make such a claim? Is there a time limit? Also, it is my understanding that they can only take whatever the decedent owned at the time of death. I assume then, any insurance proceedings and lawsuits proceedings post death are not available to Masshealth right? ATTORNEY ANSWER BY MARGARET L. CROSS: The normal creditor period in Massachusetts is a year from the date of death. However, MassHealth’s

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What happens when a senior residing in a nursing home has an appeal denied for medicaid?

  ADDITIONAL INFORMATION: Her application was denied. I know an appeal is next but what happens after that? I am POA, but am on disability and the lawyer has used up nearly all of the retainer, and there is no more money to pay anyone. ATTORNEY ANSWER BY MARGARET L. CROSS: It would be helpful if you stated the reason that the application was denied. The first step to challenging the denial is to request a

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If person holding power of attorney adds name to parent’s bank account and parent goes to nursing home, is person liable to pay?

ADDITIONAL INFORMATION: Parent is hospitalized in one state and unable to function clearly. Person with power of attorney lives in another state. Person with power of attorney has not set up bill pay with bank because parent previously was able to write checks. Person is considering placing his name (or a sibling’s) name on bank account in order to gain access to pay bills. If parent needs to go to nursing home, will the nursing home

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My moms deed was written in 2011, can it changed to an irrevocable trust now in 2014 without Medicaid problems?

ADDITIONAL INFORMATION: The deed on my moms house is written as “tenants in common” to all her children. It was written up in 2011 like that. She wants an irrevocable trust written now on the deed. So that, if she goes into a nursing home, then Medicaid can’t take it. Can that be done without a problem if she goes into a nursing home within 5 years? or since it was written in 2011, does it

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