Skip to main content

Elder care-Nursing Home question

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. 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


  2. 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.


  3. 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. 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.

Elder law topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics