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

Asked over 1 year ago - Syracuse, NY

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

Additional information

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. Sean Thomas Wright

    Contributor Level 12

    5

    Lawyers agree

    1

    Answered . 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.

  2. Russell Warren Lewis IV

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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... more
  3. Michael Todd Shilinski

    Contributor Level 7

    2

    Lawyers agree

    Answered . 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.

  4. Sean Patrick Lewis

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  5. Kelly Scott Davis

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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.

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