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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111467
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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IF AN PERSON RECEIVES A SETTLEMENT FROM A REGLAN LAWSUIT BUT

Customer Question

IF AN PERSON RECEIVES A SETTLEMENT FROM A REGLAN LAWSUIT BUT IS IN THE NURSING HOME HOW CAN THE POWER OF ATTORNEY INDIVIDUAL HAVE MONEY LEFT OVER TO THE INDIVIUAL AFTER THE CLIENT IS TAKEN OFF MEDICAID
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can work with medicaid to set up a special needs trust, which would allow the person to continue to get medicaid and have the money placed in the special needs trust for the person. This way any needs not paid for by medicaid can be paid for from the settlement money. Once the person dies, then anything left in the trust goes to medicaid as part of their right to recovery for providing medicaid services for the client. As Power of Attorney, you would need to engage a local elder law or trust attorney to set the trust up so that the settlement does not stop the client's benefits.

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