Tag Archives: ELIGIBILITY

Can we pay ourselves for caring for our 90-year mother?

Q: Mom still lives at home. We have someone come in throughout the day but my three siblings and myself stay with her overnight and do 24 hour shifts on weekends. We’ve been caring for her for 3 years and have never paid ourselves because we didn’t know if we can do that. Also, if we are allowed, can we pay ourselves back? In the event she needs to go into a home and runs out of money and goes on Medicaid, will they come back on us to recoup the money that we paid to ourselves for her care? (Pittsburgh, PA)

A: Yes, as it stands now, if you have no written caretaker contract in place and you pay yourself as you go along, or try to pay yourself retroactively, this could potentially make your mother ineligible for Medicaid if she applies within the next five years. Medicaid would look at these payments as transfers for no consideration or fair value unless they are made pursuant to a written caretaker agreement signed by your mother if she is competent or by her Agent under a valid Power of Attorney.

Can the government take my parent’s home?

Q: If my parents sell their home to their children within the 5 years? How does the 5-year issue work in Pennsylvania? (Munhall, PA)

A: PA manages its Medicaid program through the PA Department of Human Services. Under Medicaid regulations, any transfer of an asset by a Medicaid applicant for no consideration (i.e., gift, $1.00, under market value, etc.) within 5 years preceding a Medicaid application, can cause the applicant to be ineligible for Medicaid benefits to the extent of the fair market value of the asset transferred. You say your parents sold the home. If it was a legitimate sale for fair market value, it would not rule your parent’s ineligible. If the proceeds of the sale went to your parents for their living expenses, which should be easily documented, there should be no problem. I suggest consulting with an attorney to review this sale before you do it.

Can I get a gun with my ARD DUI?

Q: I completed ARD for a DUI in 2010 but still owe fine, can I still get my gun permit? My fine is narrowing down to the last $1,000.00. I need a gun before the Democrats ban them. (Pittsburgh, PA)

A: You didn’t complete ARD if you didn’t pay off your fines. The Allegheny County DA will not close your case until you do. You need to pay your court costs and/or fines off and let the Allegheny County DA expunge your record. Once expunged you should be clear

Will I lose my house?

Q: We built an in-law apartment onto our home with proceeds from the sale of their home. If they need to be moved into a nursing home before five (5) years have passed, will they or us need to come up with the full amount of money generated from the sale of their house, necessitating the sale of our home to recoup the $53,000 spent on their apartment, before Medicaid will pay the rest of the expenses? Or does Medicaid accept/require the remaining monies only? (Pittsburgh, PA)

A: You need to consult with an attorney who is versed in Medicaid regulations. Generally, the idea is that any transfer of wealth, without fair consideration (like gifts) within five years of the Medicaid application, can render the Medicaid applicant ineligible for Medicaid funding to the extent of the value of the transfer. It is not the nursing home that triggers the 5-year look back but the Medicaid application. If you are saying that they liquidated their home, to pay for an addition to your home so they can live in it under your care, I am not sure the entire value of the addition is a gift as they are receiving consideration in the form of housing and care. An attorney can also advise you on a caretaker contract which may help you shelter some of the in-law’s estate.

Can I get a gun in PA with a 30-year old expunged arson conviction in CA?

Q: I was convicted of Arson 30 years ago at age 19. Received 3 years of probation with 1-year jail time. I turned myself in, it was my first offense and I had a good lawyer. I had my record expunged 25 years ago in CA (1203.4). I obtained R.N. license in CA and PA and still practice in PA. I serve as licensed Minister in local church. Will PA grant me license to own and carry? Last employment change to work in hospital had the record on it, with notice of expungement included. (Wexford, PA)

A: Expunged, at least in PA, means that the criminal records have been deleted and destroyed and they should not show on your criminal history. Only certain types of arrest records and conviction records are eligible to be expunged in PA. My advice to you, and for anyone I do expungement work for, is to obtain your criminal history from the PA State Police. If your criminal history shows this crime, then you can begin the inquiry as to why, if it was supposedly expunged. Did the court administration in CA just not send the order to expunge out, or, does PA not acknowledge an expungement of this category of crime from another state when it is not eligible to be expunged in PA. I would have to inquire myself and I would start by obtaining your criminal history. My concern is that because the crime of Arson is not eligible to be expunged in PA, you may have a problem. However, I would inquire before throwing in the proverbial towel.

Can I hide money from Medicaid?

Q: Can I legally hide money to be approved for Medicaid by paying off my adult children’s credit card bill directly to the credit card company? Even if I never transferred money to my adult children’s bank account.

A: Your bank statements will be scrutinized in the Medicaid eligibility process and such a payment would be considered to be a gift or a transfer of money to benefit another person with no consideration received in exchange. It could and likely will render you ineligible for Medicaid benefits to the extent of the dollar value of the transfer. I would consult with an elder law attorney to determine what monies you can shield from Medicaid.

If I move from PA to WVA, can I sell my home?

 

Q: If I receive SSI and Medicaid in Texas and want to sell my home in Clairton and move to West Virginia, can I spend the money outside of PA? I was told after my husband died that if I sold my home I had to spend the money in PA.

A: You really need to have an attorney review your entire situation. Although a federal program, every state has different rules for Medicaid. You will need to qualify for Medicaid in WVA. You will need to report the home sale to Medicaid wherever you live. I am not sure if you or your husband are receiving SSI based on your question so again, please meet an attorney in WVA, assuming you are moving there.

Senior HUD living person comes into large sum of money

Q: If a senior lives in a HUD senior apartment and comes into a large sum of money, what happens to their status of living there? Also, what about Medicare and Medicaid benefits? How will they react?

A:  Regarding Medicare, it is not based on assets so it is not affected. Medicaid is based on “countable assets” so it would potentially be affected by someone “coming into” money. You have to look at the Medicaid application that was initially completed. Usually they are somewhat similar to any needs-based model where they look at income and assets. They are subject to periodic review. It is not clear if the tenant would have to leave or merely pay more money to spend down, so to speak the new found money. You have to look at the documents and speak to the facility. My advice would be to seek an opinion from an elder law attorney as early as possible to see if any of this money can be sheltered.

When should I file my parent’s Medicaid application?

Q: When should I file my parent’s Medicaid application for long term care? He should qualify as medically necessary, but only after we spend his 40k savings on private care. Should I file now or after he spends the money?

A: It is highly advisable not to do this on your own. If there is $40,000.00 in assets to spend down, you need to do this with the advice of an experienced elder law attorney. There are ways to shelter some of these assets and it will be well worth the legal fee as it will likely save a portion of your father’s money which will otherwise go to Medicaid.

 

When should I file my parent’s Medicaid application?

Q: When should I file my parent’s Medicaid application for long term care? He should qualify as medically necessary, but only after we spend his 40k savings on private care. Should I file now or after he spends the money?

A: It is highly advisable not to do this on your own. If there are $40,000.00 in assets to spend down, you need to do this with the advice of an experienced elder law attorney. There are ways to shelter some of these assets and it will be well worth the legal fee as it will likely save a portion of your father’s money which will otherwise go to Medicaid.