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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34067
Experience:  30 years experience in the practice of estate law.
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My father went into a Skilled Nursing home. He has about 25k

Customer Question

hello,
My father went into a Skilled Nursing home. He has about 25k in his bank account which myself and brother are also on. Does he/we have any options to save his funds or it it to late. He lives in PA, clearfield county.He brings in to much money to qualify for the first tier so we need to spend down his funds to 2400 before he can apply for Medicaid. What can we spend down the funds on? He doesn't own anything except his clothes and the bank account - the house is in my brothers name and mine since around 2002. My Mother passed away in 2010 so no spouse.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Loren replied 4 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 4 months ago.
Unfortunately, The rule with regard to joint accounts is that the presumption is that the funds belong to the applicant and will have to be spent down on the nursing home care except to the extent the other other joint owners can prove they were the source of some or all of the funds in the account.
Expert:  Loren replied 4 months ago.
Otherwise, with a 5 yr lookback, I am sorry to say, it is too late to do any protective planning if you can not prove you or your brother were the source of the funds in the account.
Expert:  Loren replied 4 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 4 months ago.
Did you have further questions? Have I answered your question?
Expert:  Loren replied 4 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!

Customer: replied 4 months ago.
what if anything can we spend his money on that will not have to be paid back. Can we get him clothes, a new sofa, household appliances, new bed? Oven, refrigerator?
Expert:  Loren replied 4 months ago.

You would have to spend it on his nursing home care.

Expert:  Loren replied 4 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!