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If a parent with dementia has to go on medicaid at death do the children have to back all costs to the state of Georgia

Augusta, GA |

I was under the impression that medicaid took possesion of home to recoup what they could, however the estate recovery unit told me this morning that upon the clients death they mailed out a notice that x amount of money was spent on clients care and that we would be responsible for paying back however we had to do it. Refinancing and etc.

Attorney Answers 3

  1. Best answer

    Typically the department or agency of your State that administers Medicaid will seek to recover the monies paid out on behalf of a recipient from the assets of the recipient. However, each state is different. Georgia has a filial support statute, which may allow for recovery from the children of the recipient if they have the ability to pay.

    You should seek counsel from an attorney in your state who practices elder law. They will be able to look at your individual situation and provide comprehensive advise on whether the state agency may have a claim against you.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

  2. Georgia's estate recovery for Nursing Home Medicaid is broader than the probate estate of the Medicaid recipient, but the recipient's children are not personally liable for the repayment. The state does not want the house, but they can place a lien on it if the Medicaid recipient had an ownership interest in it. If the net value of the assets subject to recovery is less than $25,000, then the state gets nothing. You should consult an elder law attorney in your area to determine the best way to respond to the estate recovery letter when you get it.

  3. Although the children of the decedent are not personally responsible for the debt, if any child received a disbursement from the estate of the decedent, Medicaid could claim an interest in the disbursement, depending on the size, as mentioned by another attorney. Typically, the best bet with Medicaid is to have an attorney contact the recovery department and negotiate a settlement. I have had success with prior clients settling the Medicaid claim for much less than the original amount. Medicaid, like other creditors, would rather receive something rather than having a lien on a house for years to come.

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