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Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 2893
Experience:  30 years of experience
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I have a 89 year old father who lived with me from 2005 to

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I have a 89 year old father who lived with me from 2005 to 2014. He moved in with me after his wife passed away. He has a credit union where his social security and pension is automatically deposited into. Approx. 1600.00 monthly. He had a policy for assisted living and decided to use it in 2014. He moved into an assisted living home where his rent was 2400 a month. His insurance covered the costs for 2 years. In 2015 the cost went to 2600 a month but his policy still only paid 2400. While he was living with me we had a joint account with approx. 23,000 at one point. When he moved into the assisted home we closed the account and I opened an account in my name and we transferred all money in my name. His checks from this ins policy were deposited into my account. I then was able to transfer money from that account to his bank account where his SS and pension were deposited and his account was withdrawn from automatically to pay rent at his assisted living home. My dad has short term memory problems so I have power of attorney. His insurance ran out to pay his rent so I applied for Medicaid for him. Now someone has reported me to social services for senior financial abuse. I met with a lady from the social services doing the investigation. She had copies of my dad's bank records. I was able to answer her questions about transfers and deposits made to this account. It was not hard because there is not a lot of activity. But I was honest about the account of mine that I put his checks into and then transferred portions of those funds to may dad's account to cover his rent. Then as he needed I withdrew money for him to carry around, pay misc bills he occurred, dr, dentist, dinners, gifts, ect. I have no paper trail for this account of mine. I didn't put memos with withdrawals. Medicaid denied my dad because he had over 2000 cash so I have to run my account out of money before I reapply. My account by the way is his money so I don't care.
But I did transfer 20,000 to my main bank account that I use for my family and share with my wife. This money my dad gave me.
I have gotten a request to answer more questions for the investigator.
My dad has no idea according to him and has no idea how they have his bank records or who felt I needed to be investigated. I have asked him several times.
What do I do?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Gerald, Esq replied 3 months ago.

Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Expert:  Gerald, Esq replied 3 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The issue in these matters is almost always centered around how much the medicaid applicant has in assets and an examination of any transfers of those assets. As you have already learned, he is only permitted to have a small amount to qualify for medicaid.

In this instance they are almost certainly looking at the transfer of the $20,000.00 and when did the transfer take place. Under the law they can only look back to transfers within the last five years. If the trnasfer of the $20,000.00 was more than five years ago there is no problem. If the transfer was less than five years ago they are going to disqualify the transfer and deny your father medicaid for a period of time to offset the transfer. Once the period of disqualification occurs they will allow him to reapply.

As for the allegations that you have mismanaged your father's assets you only need some evidence that your father gifted you the money. Your testimony is sufficient and certainly if it is supported by your wife, your father as best he can, or another person. It is highly unlikely that anything other than a disqualification will come of this.

As far as who filed the complaint - it could have been anyone. Someone at the facility, a sibling, or a member of your father's wife's family. There is really no point in racking your brain over who it was because it will not help you get this resolved.

Also it is important to know that if your father has the beginnings of dementia that his connection to reality will be skewed and unreliable. He may exhibit signs og paranoia, and he may make accusations that are unfounded. These are all symptoms of the disease and need to be discounted.

All this being said it is still highly advisable to obtain the assistance of an elder law attorney who can assist you in dealing with the federal representatives. These federal agents are not your friends and are not interested in helping you. So be careful what you say to them and have any corroborating documents available.

Whether the transfer was disqualifying or not is an objective determination based on the timing. So that is just going to be whatever it is.

This link can assist you in finding a local elder law attorney:

http://lawyers.findlaw.com/lawyer/practicestate/elder-law/washington

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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