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I have a friend who's father entered into a nursing home. She's taking over his financial affairs and was told by someone at the nursing home that she would have to spend his savings (which is around $10,000 dollars) to pay for the nursing home stay and before Medicaide kicks in. However, the money that the nursing home is refering to is earmarked for his burial. Therefore, if she spends the money to pay his nursing home bills, how and where would the money for his burial come from?

Submitted: 274 days and 15 hours ago.
Category: Estate Law
Value: $15
Status: AWAITING EXPERT REPLY
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Chicago, Illinois

Already Tried:
Searching the web, contacting other attorney's. NO, success. They, never called me back.

Posted by PaulmoJD 274 days and 14 hours ago.

Answer

This is correct, the nursing home requires that all money be used to pay care expenses, but if she takes what is needed from the money and purchases a prepaid funeral arrangement, then all they would get would be what is left and then medicare would kick in to pay.


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274 days and 14 hours ago.

Reply

I guess what I'm trying to ask is, can she use at least $5,000 for burial and final expenses without being penalized and getting into some kind of legal trouble?

Accepted Answer

Burial related funds are generally excluded from this and if she puts the funds in an irrevocable burial plan then this is excluded as well.

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Expert: PaulmoJD
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Accepts: 
Answered: 2/21/2009

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Experienced in Trust and Succession Law, including Louisiana Laws

274 days and 14 hours ago.

Reply

Thank You!

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