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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My parents came to live with us in Ohio in September 2010.

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My parents came to live with us in Ohio in September 2010. Dad passed in February 2011, but mom continues to live with us. Dad agreed to pay us $2,000.00 a month for their care, and we applied for benefits with the VA. They currently pay $1,113.00 per month for provider care. Payments are in arrears by about $10,000.00, and I've asked a Medicaid representative if when my mom's property is sold, if I can recover that money. She has indicated that because I don't have a written agreement for payment, that I can not get that money. I was told that because we cared for them full-time, that I didn't need a written agreement. Is that true?
Thank you. Judy

Thank you for your question. Please permit me to assist you with your concerns.

Judy, if you do not have a written agreement, your care for your parents is deemed to be a 'gift', or an unenforceable claim. To demand money back you must show that there was some sort of a contractual obligation or a paper trail that would corroborate your claims. Otherwise Medicaid has no obligation to pay you back, the funds are not something that the state will return to you because there is an unprovable debt owed to you for the care. Without an agreement the state will receive the proceeds first, then if anything remains, provide it back to your father's estate, and then via probate you could seek the funds. But if nothing remains after the state takes their portion for medical bills, your share would otherwise not be covered because there is nothing in writing compelling them to return it. The fact you cared for them full time is irrelevant, you still needed an agreement, I am afraid.

I am sorry.

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