QUESTION

My grandmother is in a nursing home. I took some of her money to pay bills last year. I now have to pay it back for her to be eligible for Medicaid.

Asked on Jul 26th, 2011 on Elder Law - New York
More details to this question:
My husband was out of work at the time and she helped me pay for my dad's funeral as well. I now received the first month's bill from the nursing home for $19,000. I probably took about $35,000 to pay bills, etc. What happens if I can't pay back the money that Medicaid says I owe? Can I be put on a payment plan? The nursing home also threatened to put the bill into collections under MY name since I have power of attorney over her checking account. Can this happen? Do I need to pay the nursing home BEFORE I know exactly how much I owe?
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1 ANSWER

New York does impose a transfer of asset penalty for Medicaid coverage of nursing home care.; There are some exceptions. You can return a gift and show the money has been spent down by the applicant. Also you can show the money was transferred exclusively for purposes other than to qualify for Medicaid. This is difficult to prove, but perhaps something like the funeral expense would qualify.; Also there are hardship provisions, when the funds were taken and the applicant cannot get them back.; As an agent under a power of attorney you did have a duty to your grandmother and the nursing home could possibly sue you regarding the bill. They would have to show you exactly what is owed.; These are all complex issues and you should consult an elder law attorney in your area.
Answered on Aug 14th, 2011 at 10:39 PM

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