Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My father in law is currently in the hosp. and covered by…

Customer Question
My father in law...

My father in law is currently in the hosp. and covered by medicare, however when he is released he will go into a skilled nursing facility and be switched to medicaid and all his assets (30,000 in a savings account) will be taken. We want him to live with us, however we need this money to make changes to our house to accommodate a wheelchair, ramp etc. What can we do???

Lawyer's Assistant: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?

No

Lawyer's Assistant: Please tell me everything you can about this issue so the Estate Lawyer can help you best. Is there anything else the Estate Lawyer should be aware of?

He is located in Tennessee and my wife has durable power of attorney.

Lawyer's Assistant: OK. Got it. Last thing - JustAnswer charges a fee (generally around $18) to post your type of question (you only pay if satisfied). While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 11 minutes by:
2/12/2016
Estate Lawyer: RayAnswers, Attorney replied 2 years ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,035
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.

I think you may misunderstand how Medicaid works here.Medicaid will not take his $30k here.For him to be eligible for Medicaid he needs to spend down the funds first.He can move to your house and make the modifications needed to live there.He really needs to spend down his assets here anyway.

If he can go directly from hospital to your home that is certainly possible.Building a ramp here and other mods are reasonable for him to live with you here.Again Medicaid will not take his money here, eligibility is based on the amount of resources here.He would have to spend down for eligibility purposes.As long as the spend down is for his personal needs, a ramp certainly qualifies , then it is not going to be a problem.

He will have a period of time in rehab here probably 60-90 days max.You could use the time to complete the modifications.You just have to be sure in your mind that you can truly provide the care he needs in your home.Once he spends down here he may qualify for Medicaid Community based care, this is help in your home.

I appreciate the chance to help you today.I wish you the best here.Thanks again.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 2 years ago
Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

After you have been in a hospital for at least 3 days, Medicare will pay for inpatient rehab for up to 100 days in a benefit period. A benefit period starts when you go into the hospital. It ends when you have not received any hospital care or skilled nursing care for 60 days.

Medicare Coverage for Inpatient Physical Rehabilitation

https://www.medicare.gov/coverage/skilled-nursing-facility-care.html

He would have up to 100 days in medicare skilled nursing.The key here is he has to make progress

or they discharge him.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

More

Medicare has many other criteria that must be met before it covers a stay in a skilled nursing facility. Medicare will cover skilled care only if all of the following criteria are met:

You have Medicare Part A (Hospital Insurance) and have days left in your benefit period available to use.

1. You have a qualifying hospital stay. This means an inpatient hospital stay of 3 consecutive days or more, starting with the day the hospital admits you as an inpatient, but not including the day you leave the hospital. You must enter the Skilled Nursing Facility within a short period of time (generally 30 days) of leaving the hospital. After you leave skilled nursing, if you re-enter the same or another SNF within 30 days, you may not need another 3-day qualifying hospital stay to get additional SNF benefits. This is also true if you stop getting skilled care while in the SNF and then start getting skilled care again within 30 days.

2. Your doctor has ordered the services you need for SNF care, which requires the skills of professional personnel such as registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech-language pathologists or audiologists.

3. You require the skilled care on a daily basis and the services must be ones that can only be provided in a SNF on an inpatient basis. If you are in a SNF for skilled rehabilitation services only, your care is considered daily care even if the therapy services are offered just 5 or 6 days a week.

4. You need these skilled services for a medical condition that was treated during a qualifying 3-day hospital stay, or started while you were getting SNF care for a medical condition that was treated during a qualifying 3-day hospital stay. For example, if you are in a SNF because you broke your hip and then have a stroke, Medicare may cover rehabilitation services for the stroke, even if you no longer need rehabilitation for your hip.

5. The skilled services must be reasonable and necessary for the diagnosis or treatment of your condition.

How long will Medicare cover a stay in a Skilled Nursing Facility?

The amount Medicare covers depends on how long you stay in skilled nursing. Here is a breakdown of Medicare coverage:

Days 1 – 20
Medicare pays the full cost

Days 21 – 100
Medicare pays all but a daily co-pay. (In 2015, the copayment is up to $157.50 coinsurance per day.)

After 100 days
Medicare provides no coverage after 100 days.

If you have a Medigap policy or are in a Medicare Advantage Plan, you may have additional coverage.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
I didn't give you the correct info for his situation. My father in-law is in a skilled nursing facility/nursing home. His 20 days for Medicare runs out the 23rd of Feb. They are starting the process to qualify him for Medicaid. If he has the fund will he have to pay the daily copay for Medicare for the next 80 days? If the POA takes the 30k that he has in savings out for repairs on our home in hopes that one day he will live with us, would that bypass the Medicare and start the qualifications for Medicaid? If the POA took the money how would he be penalized for that 30k? He has to have care in a nursing facility at this time due to a tracheotomy and feeding tube. Would Medicaid come after the POA?
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

I think here he is going to have to spend down here for his care.He should prepay his funeral here as well while he has funds. I understand what you wan to do here but not sure time and his condition permit it.The risk here is that he doesn't own your house and medicaid may look at this as a gift here.And medicare here is likely wanting the copay, or the facility will. The problem is if you spend the money on your house and he cannot live there then they will call it a gift here no doubt.I have been dealing with nursing homes for 30 years.I honestly do not think it is possible here for you to care for him --a skilled care resident in your home over time.I know how hard this can be to make such decisions.But I am being honest here he likely will need to be in a home.And I need to tell you that statistics for skilled residents 90 % or more live five years or less.So the funeral if you haven't done so is legitimate spend down.

Also under medicaid he is allowed to own one vehicle no limits so purchasing a car for transportation is legitimate spend down.He would own it, carry insurance, maintain it, you and family can use it to visit or for transportation.The idea here if you do this you drive the heck out of it because medicaid will claim it when he deceases.This might be an option instead of the remodel here.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

Reference to the purchase of car as spend down.

http://www.steveandersonattorney.com/medicaid-exempt-assets/

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

If you have more please just ask.Thanks again if you can positive rate when we are done it is much appreciated.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,035
47,035 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

47,035 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
I have my mothers full power of attorney. Can I file a restraining
I have my mothers full power of attorney. Can I file a restraining order to keep a person from entering her home without permission from either of us. She doesn't like this person at all. An issue cou… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My Father recently died. Prior to his death--he gave me money
My Father recently died. Prior to his death--he gave me money for a down payment on a home. (in the form of two checks) My Mother was aware of this--in fact she invited me to come live with both of th… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
As power of attorney, may I rent the house of a women who has
As power of attorney, may I rent the house of a women who has been in a nursing home for two years; if the rent is paid directly to her estate?… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Both of my elderly parents died last week. I am their POA
Both of my elderly parents died last week. I am their POA and financial representative for SS and VA. My sister and I are joint owners on their bank accounts, which are not large. There are no other a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Loren: As POA, may I legally setup up online accounts to
Loren: As POA, may I legally setup up online accounts to view the person's finances without tell that person. The person does not have any online account and does not like the idea, but it would be a … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My last answer from you states the 2014 is a berrer poa.
My last answer from you states the 2014 is a berrer poa. however the 2014 poa is a durablepoa the 2002 poa is a general poa now again my question is is the 2014 poa the strong poa… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Can a person who was given POA after a hearing in South
Can a person who was given POA after a hearing in South Carolina change the POA in another state, allowing him or her the power to transfer property of a person who has dementia? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I need to know if a Durable POA and how it must be written,
I need to know if a Durable POA and how it must be written, will allow for me to take care of my Mothers as her dementia has become more of a daily issue. I need to take care of the finances, medical … read more
RayAnswers
RayAnswers
Attorney
47,035 satisfied customers
In 2013 my parents did estate planning. I was mad POA, sole
In 2013 my parents did estate planning. I was mad POA, sole beneficiary. Their home was set up as Home Trust, banking account set up as Revocable Trust, with myself as trustee. Both parents passed awa… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
What is the difference between a POA and a Durable POA?
What is the difference between a POA and a Durable POA? Also, can you do the Durable POA and a Transfer on Death forms on your own or do they need to be done by an attorney? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My aunt just passed leaving a large estate. My wife had POA
My aunt just passed leaving a large estate. My wife had POA since my aunt had dementia. My wife put the estate in a trust to avoid probate. My wife is trustee of the trust. My aunt's simple will state… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I delegated a family member POA to manage a Real Estate in
I delegated a family member POA to manage a Real Estate in 2016. I need to revoke his authority but he will not receive the revocation paper. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was the POA now Executor of her estate my sister is asking
I was the POA now Executor of her estate my sister is asking me for a copy of her death certificate however my mom never authorized the policy by signing isn't hid fraud?? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
What is the usual and customary fee for managing another
What is the usual and customary fee for managing another person's financial and medical affairs, as Power of Attorney, when they are incapacitated due to terminal medical conditions? In addition to ma… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My elderly aunt received a letter from a Trust and Estate Search,
My elderly aunt received a letter from a Trust and Estate Search, LLC. This letter stated her grandfathers name and stated there were monies located. They did not ask for money from her and asked her … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My mother is unable to sign her signature due to having a stroke.
My mother is unable to sign her signature due to having a stroke. Sometimes she does sign (nearly illegible) but there are times she can't sign the first letter let alone her full signature. What opti… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My father-in-law wants to give 200 acres of land (the farm)
My father-in-law wants to give 200 acres of land (the farm) to his children. He bought it 40 years ago for $4500 and it is now worth about $500,000. He is married and his wife will not sign off on him… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My father is a convicted felon in New York. Does he have the
My father is a convicted felon in New York. Does he have the legal right to appoint me as his durable power of attorney; or has he been deemed incompetent and incapacitated by incarceration, rendering… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x