Archived
How can an incapacitated person become the plaintiff when the incapacitated person (ward) has a court appointed guardian?
Robin's answer
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Answered on November 12, 2013
Did you have an attorney or did you petition pro se? Was this New York County? Typically, the caption of a proceeding changes after a guardian has...
Archived
Medicaid Denial for Dad
Robin's answer
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Answered on November 07, 2013
I agree with the advice to consult an attorney and go to fair hearing. The application has a box for "separated", which probably should have been...
Archived
My 87 year old mom gave me us savings bonds with her name me as co owner. When will they be in the five year look back?
Robin's answer
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Answered on November 07, 2013
In general, Medicaid presumes that a jointly owned asset belongs 100% to the Medicaid applicant/recipient, which means that Medicaid would have a...
Archived
Once a guardian has been appointed, can a petitioner reapply for the same ward?
Robin's answer
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Answered on October 19, 2013
I second the advice to write a detailed letter to the Court voicing your concerns with specific facts to back you up, and also requesting a...
Archived
Will medicaid/ the state of new york take possession/ lien of the house when the person dies?
Robin's answer
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Answered on September 03, 2013
With no will and now power of attorney, there will be an "Administration" proceeding and the State will determine the heirs (which will be the...
In NY, does state put lien in the house when mom goes to nursing home?
Robin's answer
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Answered on September 03, 2013
Medicaid does not place a lien on the house if a spouse, disabled child, or minor child is residing there as primary resident.
Medicaid will try...
Archived
Does Medicaid still have to be paid back if recipient pays every month from their social security check?
Robin's answer
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Answered on September 03, 2013
You may mean that the Medicaid recipient is paying part of the Social Security to the home care agency because their income is above the Medicaid...
Archived
Brother is terminally ill going a nursing home owes a has $9000.00 in 401 now going to go on Medicare will they take$ &life
Robin's answer
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Answered on September 03, 2013
Medicaid pays for long term care, and is the coverage needed in a nursing home. Medicaid exempts certain assets--401Ks or IRAs that are in...
Archived
My mother is in a nursing home on medicaid. Her home which is in a life estate is rented. I manage the property for her.
Robin's answer
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Answered on July 24, 2013
It's allowable. See http://www.health.ny.gov/health_care/medicaid/reference/mrg/income.pdf at Page 144. You could print a copy of p. 144 and 145...
I am about to get money from a settlement for a personal injury.I am now on Medicaid.
Do I have to put the money in to a trust?
Robin's answer
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Answered on July 24, 2013
Whatever you do with this money will have consequences that affect your current and future benefits. It's tempting to be pennywise, but you will...
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