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Can a nursing home collect payment from me claiming that my deceased dad shoudn't have given me money 5 years before his stroke

Syracuse, NY |

This has caused me a great deal of stress as it isn't fair as far as I'm concerned.

I forgot to mention that my dad was in good health living in his home up until he had his stroke. He signed himself into the nursing home.

Attorney Answers 5


  1. This is an "elder law" question. You need to consult with an elder law attorney in your state.

    Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.


  2. I would say probably not. There are many questions that need to be answered before making a final determination. I recommend that you consult with an experienced Elder Law attorney in your area.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com


  3. When someone is admitted to long term care and receives Medicaid payments there is a 5 year look back period and certain kinds of transfers can be invalidated. That doesn't necessarily mean you have to pay the money back but I agree with my colleagues - you need to consult an elder law attorney.


  4. First of all, unless there is something you haven't told us, the nursing home doesn't have a right to collect from you. Secondly, it looks like the gifts were made more than five years ago. If this is the case they are beyond the Medicaid look-back period. If they were made less than five years ago, Medicaid would be telling you what to do, not the nursing home.


  5. I believe Mr. Davis is correct. As long as the transfers were done outside the five year look back period they cannot be treated as an invalid transfer. Further, though seemingly inapplicable in this matter as described, Medicaid (via the County office that administers Medicaid ) should be the only entity seeking reimbursemnt.

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