Elder care-Nursing Home question

Asked almost 2 years ago - Lakeland, FL

My mother has power of attorney over her sister. Her sister lives only on social security and she is not married nor have any other assets. Unfortunately, she had to be placed in a nursing home. They are requiring to take over her asset (social security check) and only allow her $35/month. She has Medicare and Medicaid so she is covered fully and the facility is set up to receive payment from Medicare and Medicaid. We are wondering why the nursing home has to take over her social security and only give her an allowance of $35/month when they are receiving full payment through Medicaid for long term care. Is this a law or rule for all nursing facilities in Florida?

Thanks for your help/advice in advance!

Attorney answers (4)

  1. 5

    Lawyers agree

    Answered . In Florida it is called patient responsibility. The state through the institutional care program pays the balance, after the resident pays their income minus $35.00 to the facility. It can be calculated differently if there is a community spouse (spouse living outside the facility). You may want to meet with an elder law attorney in your area to explain the Medicaid assistance program your mother is using.

  2. 5

    Lawyers agree

    Answered . When one goes into the nursing home their income goes with them to help pay; Medicaid pays the balance of the bill. The $35 is a personal allowance residents are allowed for things like beauty salon bills, etc

  3. 5

    Lawyers agree

    Answered . Medicaid is the payor of last resort. This means that Medicaid only pays the difference between a person's income and the cost of nursing home care. The person receiving Medicaid is required by law to make a co-payment equal to their income, minus a small personal needs allowance (the $35). In some states the person also has to pay their Medicare supplement insurance premium aout of their co-payment portion.

  4. 3

    Lawyers agree

    Answered . not a rule that they have to do it this way but a very common practice. you will not easily find a nursing home that won't have someone sign over their checks.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Elder law

Elder law refers to the legal framework for dealing with issues related to the elderly, like long term care, nursing home issues, retirement planning and more.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,784 answers this week

3,624 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,784 answers this week

3,624 attorneys answering