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LADYLAWYER
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My father is close to being placed in a nursing home due to

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My father is close to being placed in a nursing home due to poor health and the need for 24/7 care. He has close to 8,000 dollars in his checking account which he has promised to me for caring for him the last 18 months. He is on medicare but the nursing home administrator says they will get him on medicade also to pay all expenses involved - however they say they will also take this 8,000. My name is XXXXX XXXXX this checking account and of course I feel I should be able to keep this money for the work and strain I have put forth. How can I keep this money legally?
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : Whether you are able to keep this money or not depends upon where the account is and what it takes to access the funds. If the account is in a "financial institution" which encompasses all the different types of banks, credit unions, etc., any joint account is considered by Medicaid to belong 100% to the applicant. This means that it is all available for payment to the nursing home. They assume, usually correctly, that the money belonged to the parent and the child was placed on the account for the parent's convenience. This is, however, what is referred to as a "rebuttal presumption" under the law. In other words, if you can prove that some or all of the money placed in the account belonged to the you, that amount may be deemed to be protected - unavailable for the nursing home.
LADYLAWYER : If you were to produce a document saying that you agreed to take care of your father for a return of the money in the account, then there is a good chance the money will be deemed to be yours. The document does not need to be notarized, but it would need to be signed by your dad.
LADYLAWYER : You would have to attach this document to his Medicaid application and they would make the final decision.
LADYLAWYER : I see you have joined the chat. Please let me know if you have any further questions about this. I am happy to keep assisting you.
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LADYLAWYER, Lawyer
Category: Legal
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Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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