What can I do if the retirement home would not release information about my decease mother’s money? 20 Answers as of April 22, 2014

My mother has been in a nursing home for a little more than a year. She past 3 weeks ago and has $5000.00 left in her account. The retirement home stated that it takes 90 days or up to a year to release it and most likely Medicaid will take all of what is left. I am power of attorney for my mother. I am lost, does Medicaid take that money, or am I being played by the retirement home?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
No, MediCare loves to get repaid.
Answer Applies to: California
Replied: 4/22/2014
Stephens Gourley & Bywater | David A. Stephens
Your power of attorney expired when your mother died. Medicaid and Medicare can both recover some money depending on her circumstances. You may need a court appointment to gain access to her accounts.
Answer Applies to: Nevada
Replied: 4/22/2014
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, your authority as your mother's agent under her power of attorney was terminated at least upon her death. You or someone else may petition to administer her estate to obtain authority as personal representative to investigate her financial matters with the retirement home. Whether the Dept. of Health and Mental Hygiene (DHMH, the organization that recovers for Medical Assistance benefits) "takes" that money depends on more facts; usually the estate accounts for the funds, and the DHMH can file a claim against the estate to try to recover any amount owed.
Answer Applies to: Maryland
Replied: 4/21/2014
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
The retirement home is correct. Medicaid paid for your mother' scare and that means her savings must be used to reimburse Medicaid.
Answer Applies to: New York
Replied: 4/21/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Your power of attorney died with your mother. Medical will be notified and will make a claim for the money if Medical paid for any of your mother's care.
Answer Applies to: California
Replied: 4/21/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally unless she had a long term lease you do not have to pay until it is re-rented. When someone moves from a nursing home you get a refund of the unused monies. You need to file a probate action and get appointed as personal representative of her estate to do anything though.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If Medicaid paid for services provided to your mother, then it is likely that Medicaid will collect on any funds that were left in the nursing home. If not, check with them in the 90 days to see if Medicaid collected and if you are the sole survivor of your mom, then you are entitled to the $500.
    Answer Applies to: Florida
    Replied: 4/18/2014
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    The retirement home may have expenses for services that were rendered and it may take some time for all of the expenses to be accounted. They are not saying that they will not give your the money, they just want to ensure that any expenses they have are covered before they refund your money.The retirement home knows that if they release the money to you and then receive a bill you probably will not pay the bill.
    Answer Applies to: California
    Replied: 4/18/2014
    Morrin Law Office
    Morrin Law Office | Robert A. Morrin
    If the account is a Qualified Income Trust (AKA "Miller Trust" or "Medicaid Trust") then Medicaid will likely take what remains in the account pursuant to the nature of such trusts. The trust serves to reduce the income of the individual so that she could be eligible for Medicaid and, typically, anything left in the trust goes to Medicaid once such a person passes on.
    Answer Applies to: Kentucky
    Replied: 4/18/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If your mother was on Medicaid, the State is very probably entitled to all funds on deposit. Your power of attorney died with your mother. You may want to sit down with a probate attorney to address any other assets and possible steps.
    Answer Applies to: Nevada
    Replied: 4/18/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If your mother was receiving Medicaid, she couldn't possibly have $5,000 in an account over $2,000 disqualifies you from receiving Medicaid. Your power of attorney no longer is valid it ended with your mother's death. If you have the name of a case worker at Senior Services who was working with your mother, ask the retirement home to account to that person. Then ask the Estate Administration Unit of DHS to account to you.
    Answer Applies to: Oregon
    Replied: 4/18/2014
    Mark S. Hubert PC
    Mark S. Hubert PC | Mark Hubert
    Sorry this is not my field of law.
    Answer Applies to: Oregon
    Replied: 4/18/2014
    Frederick & Frederick PLC | James P Frederick
    You are not being played by the nursing home. You have no rights under the POA, at this time, since it terminates upon your mother's death. You may be able to get the funds by opening a probate estate. There may be exemptions and allowances that would take precedence over the State's claims for Medicaid reimbursement. You should consult with a probate attorney, as soon as possible. If there are no other assets aside from the $5k, then there may be small estate proceedings available to you.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    James Law Group
    James Law Group | Christine James
    Medi Cal may very well be entitled to it and it will be a long process. The retirement home is probably correct. Your mother's medical bills will be settled before any money is distributed to anyone.
    Answer Applies to: California
    Replied: 4/18/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    First of all, your power of attorney ended when your mother died. If you want to get at her assets, you will need to open a probate estate. And yes, if your mother was receiving Medicaid benefits, Medicaid will have a right to be reimbursed for the benefits she received.
    Answer Applies to: Idaho
    Replied: 4/18/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If Medicaid paid the nursing home charges for your mother then Medicaid is likely to have a claim against any assets remaining in your mother's estate. This includes the right to possibly placing a lien on her home, if any, enabling Medicaid to collect its claim after the spouse no longer resides in the marital home. This is why all are encouraged, and Medicaid permits, prepaid funeral and burial arrangements outside of the Medicaid asset qualification calculation.
    Answer Applies to: Illinois
    Replied: 4/18/2014
    Kirby G. Moss PC | Kirby G. Moss
    On these brief facts, if her account with the home was current, then the funds should be released. The best way would be to get appointed Personal Representative of the estate and the funds then released to you to administer. Another way is by Affidavit for Transfer of Assets Without Administration.
    Answer Applies to: Indiana
    Replied: 4/18/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Your mother passed away three weeks ago. It will take at least a month or two for the nursing home to total up her final expenses there and several more months for any insurance company and/or Medicaid/Medicare to pay or refuse to pay those charges. If Medicaid was covering some of her expenses, it will expect to be reimbursed from the assets of the estate. You are going to have to be patient for several months before this gets resolved.
    Answer Applies to: Nebraska
    Replied: 4/18/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are not being played, there are various recapture provisions in place which effectively stripped the entirety of the estate after the person passes if they have been on Medicaid. That is simply a statement of general principal, if you believe that there may be some exception, and if you are wise, you'll see counsel to determine whether or not the positions being taken are correct.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your Power of Attorney is no longer valid due to your mother's passing. I am sorry for your loss. The only person who seek the information is the duly appointed Personal Representative of your mother's estate. For further information, contact an attorney specializing in estate administration for deceased persons who were in a nursing home at the time of their death.
    Answer Applies to: Colorado
    Replied: 4/18/2014
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