In NYS, if you were on Medicaid and in a nursing home and passed away, does Medicaid try AGAIN to investigate your finances?

Medicaid only has a right to investigate and go after repayment for property passing under her will. NY has outsourced these estate recovery cases...

Once on Medicaid, how can I use money from a NY irrevocable trust to pay my mother's aides (companions) even in a nursing home?

It depends on how the trust is drafted. If it contains a "sprinkling provision", e.g., there are options go get money out of the trust. You...

Is is true that IRA accounts are beyond reach of medicaid regarding nursing homes?

IRAs in periodic payment status are considered exempt. However, the rules about IRAs can be a bit nuanced. If you take a lump sum out of your IRA...

I am the trustee of my mother Irrevocable Trust. It includes investments and a house. Can I use this to pay for my mothers care

I agree with the attorney from Westbury. It could be that this trust is the best thing for your mom's planning. And she has options for care in...

Is a money market fund in joint name a countable asset for Medicaid purposes

YES! The exempt resources for Medicaid are tax-exempt retirement funds in periodic payout (IRA, 401K, etc. that you are taking your...

Medicaid treats joint accounts as wholly available to the applicant--they assume that 100% of the money is mom's money. Mom can't give half to...

I haven't been paying my mother's short term care medicaid pna's. I have been her care-giver for three years. I had no job.

If your mother had home care with a spend down, and you were keeping the spend down and not paying it to the agency, there is room for them to...

If a mother, living in her house with her son goes into a nursing home and goes on Medicaid, can her son continue to live there

The mother may have transferred the home to the son as caretaker child during her life. This should have been done at the time she went into the...

My husband is in a nursing home applying for Medicaid. We are separated. I have 3 cars (2 belonging to my sons) under my name

You should consult an elder law attorney. If you are officially separated, then Medicaid may not look at your assets. Furthermore, if Medicaid...

My husband is in a nursing home applying for Medicaid. They have had him sign the forms they need. Now they are saying he's not

Mr. Polizotto is correct--the nursing home cannot make a legal determination of capacity. In NY, spousal transfers are allowed for Medicaid, and...