Do i need an elder care lawyer
My aunt is in a nursing home. I have POA. They have a security deposit. I have been paying from her funds. That money is running out. DO I need to apply for medicaid?
Attorney answers (4)
Rial R. Moulton
Reputation Level 7
Answered over 2 years ago.
Elder Law Attorney in Spokane, WA.
If your aunt is going to have to stay in the nursing home you should apply for medicaid. If she has no assets you do not need an attorney to apply. If she has assets you may want to consult an elder law attorney before you apply to see if you can turn those assets into exempt assets and save them for your aunt.
Carl G. Archer
Reputation Level 11
Answered over 2 years ago.
Elder Law Attorney in Princeton, NJ.
If, as you say, she is out of money, then you might be able to apply for Medicaid without any need to see a lawyer. As a general matter, though, it might be a better idea to talk to a lawyer if only to make sure that nothing happened in the years preceding your aunt's nursing home stay that would disqualify her for Medicaid. An example of something problematic would be if she gave gifts to anyone within the years before applying for Medicaid. The laws for Medicaid vary based on your state, and so I can't really be any more specific, but at least running the issue by a lawyer would be easy, cost-effective, and good for your peace of mind.
Mindy Stein
Reputation Level 8
Answered over 2 years ago.
Elder Law Attorney in Boca Raton, FL.
You should consult with an elder law attorney in New York to discuss appropriate spenddown before application for Medicaid, which may include a personal service contract to compensate you for the services you are providing to your aunt pursuant to the POA.
Carol Eileen Ryder
Reputation Level 7
Answered about 2 years ago.
Elder Law Attorney in Commack, NY.
Yes, and do it soon since Medicaid is running behind. Also, get an attorney-the help pays for the fees. Attorneys can help expedite the application (like those with a good relationship with the local Medicaid office-for me, Hauppauge). Attorneys also know about the myriad of benefits that I find in my practice most people don't know about and I apply for those also.
Disclaimer: Please note that this answer does not create an attorney-client relationship and does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the documents and facts at issue
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