As stated in my question I signed admission papers for my Dad in a nursing home. He had a joint CD with my sister and she withdrew the funds in 2009. She refuses to give back the money. I don't know what do do regarding medicaid. I had 37K in a joint CD with my dad which I surrendered. What will happen now. Will medicaid go after her or will I be penalized since I signed the admission papers?
Medicaid does not care about what happened to your father's money. The only thing that is important to them is that the money was there and now it is not and it is now considered a gift.
Medicaid does not "go after money" until the recipient is dead. At death, the state will initiate an estate recovery process and if there are probatable assets they will attempt to recoup the cost of care. If fraud is perpetrated against Medicaid a referral could be made to the states attorney's general office for prosecution but nothing of the sort has occurred here.
It is ludicrous to think that a state agency is going to go running around looking for applicant's money either before or during claim...they just deny benefits if there is any question.
What may happen is that a penalty period of ineligibility will be imposed. I have no idea what the amount in question is, but if it is around $35k as your account was your father could be looking at a penalty of up to 3 or 4 months. (One half the account value divided by your state's medicaid rate = number of months of penalty).
What to do? Forget the lawyer!!! He has no authority and in the end, really no interest. You will pay ridiculous amounts of money and get no result...I promise you!
Instead, call whatever the equivalent is for Adult Protective Services in your state (the Long-Term Care Ombudsman typically only deals with matters between a facility and a resident, not matters between family members and residents so they would be the wrong agency to contact). They LOVE cases like this.
The reason you want to do this is: 1. It will scare the bejeesus out of your sister, 2. It will be a lot easier to have a third party involved instead of he said/she said and you don't have evidence to call in the police. 3. When you apply for Medicaid you are going to ask for a "hardship exception" to the imposition of penalty so you want your story documented. Having it documented as elder financial abuse will help you in your dad's cause.
If, other than this issue your father's assets are spent down, forget about the lawyer when applying for medicaid as well. Let the facility do it. If you need an attorney to handle the hardship issue (which you shouldn't) find one who will bill you hourly without a retainer.
We need new laws on the books that will empower adult children of aging parents to take people who do these kind of things to court without the parent being the one who files a complaint?
I am not "virulently" opposed to anything. I stated a fact. Unfortunately the marketing provides the mechanisim for the unscrupulous. I stated that the money is there for the fathers care and should be used that way. You have no idea what I think, you just wrote something because you didn't like what I said and you wanted to promote yourself & your service.
I notice too that you misspoke. A previous poster said medical follows the money - you jumped on that and then backtracked to qualify it as following the money once the person is deceased. You characterized that person's comment as 'ludicrous'. These are fairly strong words - made all the worse by the fact that you are a professional whose business is telling people how to manage their estates. I do not have a chip on my shoulder - I am simply a caregiver who is giving my opinion to Olive who started this thread. We are supposed to be safe and allowed to speak freely without recriminations. Do you have a reason to be on this board - I do not see an Agingcare Expert symbol next to your name.
I am curious though, why as a professional are you contributing to this board? I am not a big fan of being singled out because someone disagrees with me. I am less than impressed when someone stomps on me because they can. I notice that you then segue into a dialog about how YOU could have helped this family. I think you have crossed the line, and the insults are not ok. Please think about the people who participate before you start throwing around judgemental remarks that are hurtful.
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