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I got the money back but now she has $20,000 in assets making her ineligible for Medicaid. I'm POA and trying to figure out how to handle. I thought about letting her go in foreclosure. She owes $78,000.

I am sure there are a lot recovery schemes too!I

Report scams to

reportfraud.ftc.gov
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Reply to gladimhere
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If she got 12K back from SS, that meant she had 8K in the bank already (if the 20K you are referring to is bank account). Medicaid bank accounts in Texas are limited to $2K, so unless your state has an $8K limit (or more), she would have been ineligible for Medicaid before she got the refund from SS. You should be able to just spend the money down and reapply when she is below the limit for your state. You can also talk to an elder atty about setting up a trust that won't count against the limit, but can be used for her for certain needs.

Are you saying she owes $78k on her house? Her house will not count in the Medicaid if she signs the form indicating she intends to return to it. After she passes, if the home is in the estate/probate the state could put a claim against the probate to reimburse state for medicaid costs at that time.

If she's already in a Medicaid bed at a NH, you could always just use the money to self pay her bed each month until money is spent down...then reapply for medicaid just before she runs out totally.
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Reply to my2cents
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Quimby: Perhaps you should pose your query to an elder law attorney OR your financial advisor.
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Reply to Llamalover47
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Contact Medicaid service, eldercare attorney and report the scam to the local police.
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Reply to Patathome01
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Or bancrupty? Not sure if that would be better. Can keep the house then, I think. Or see if medicaid can kick back in once the 20,000 runs out.
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Reply to SueGood
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Just a not an attorney thought….. so this 12K is $ that actually was income years ago? So it was like paid Oct 2022 but for SSA monies due from 2020, type of situation?

if this is it, I’m agreement that you need to find an experienced with Medicaid attorney (CELA level of attorney) and see if they can do something in working with a CPA to have the $ considered to be amortized income for the time period it should have been paid to the point it was paid. Amortized rather than a lump sum of income the mo paid and then an asset all months afterwards.

we dealt with something along these line but for a way lesser amount for my mom & LTC Medicaid. Mom had a really vintage term life insurance policy and it was so old that it paid a annual dividend. Dividend are reported income for Medicaid. My moms income was pretty high for her age range and if the dividend was looked at as income only the month paid, it would take her over the monthly income maximum for Medicaid. But if it was amoritized over 12 months of the past year, her income would be under the monthly max. The dividend $ was required to be plowed back into the policy. But nevertheless it was “income” and reported. I’m just spitballing that maybe something along these lines could be used to divvy up the $ so she’s good for Medicaid.

when you do get this figured out, could you please post an update? We all do learns from each other! Appreciate it!
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Reply to igloo572
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I read some of the answers on here - check with an elder attorney.
Does she have debts that need to be paid? You wrote she owes $78,000. Would the $12,000 help that? Just sayin'.
Anyway, the attorney thing would be your best spent money. I went in with mine and for one hour I could ask him anything I wanted it was the best money I spent!
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Reply to Ohwow323
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gladimhere Dec 17, 2022
Many attorneys are elderly! My general purpose attorney is in his 70's. 👵👵👴👴😉😉

The need is for an elder law attorney.
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I think you need to reach out to an elder attorney. They can help you with all of this.
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Reply to Jamesj
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As a POA myself, I recognize that this is a complex situation that can only be handled by a CELA - certified elder law attorney. Not a DIY situation.

With help, you'll get this figured out.

Best -
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Reply to Luta65
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Curious if s.s. is Social Security how did they scam her? An error in calculation maybe?

Is Mom already on Medicaid in a facility or your trying to spend her down? If its spend down, then place her now and private pay for 2 months. Thats what I did and that gave me time to apply and receive Medicaid for my Mom. The house is an exempt asset while she is living. I am surprised she has not been foreclosed on by now if she owes 78k. And taxes, has she been paying them?
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Reply to JoAnn29
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Quimby Nov 24, 2022
No her ss was rerouted by a hack. They hacked the SS office. She was getting her money deposited in her checking account. Then it stopped. I didn't know until I was looking for her stimulus check
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It's impossible (and unwise) go ask a global, anonymous forum of non-financial professionals for the kind of advice you are looking for, particularly because you give so few other details and variables (like what state she lives in for starters) or her age.

We decided to allow my in-laws' quad home to go into foreclosure because they had a ballooning 2nd mortgage on it, and had only SS pension as income -- they could hardly buy groceries. It took a while for foreclosure to happen.

You should consult with a certified elder law attorney or estate planner or Medicaid Planner for her state. It will be worth the money to get far more accurate and customized guidance.
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Reply to Geaton777
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