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I am durable poa aunt on Medicaid in term nursing home. Just…

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I am durable poa for...
I am durable poa for an aunt on Medicaid in long term nursing home. Just sold house. She had 27000 left. I put 15000 in irrevocable trust for burial and paid all outstanding bills for cleaning out the house and storage fees up to date. I have all receipts. She wants to put the balance 5000 in college fund for my granddaughter. It this permissible?
Submitted: 2 years ago.Category: Legal
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Answered in 29 minutes by:
1/29/2016
Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,814
Experience: 30 years in civil, probate, real estate, elder law
Verified

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

No she will have to go off medicaid and spend down the balance here.She is likely ineligible here for a one month and will have to spend this down for private pay.You need to report this to her medicaid eligibility worker and see if if you need to do spend down.Gifting would be penalized she might be ineligible for medicaid for the penalty period for gifting.

Selling the house here greatly affects her eligibility.It is exempted from resource limits but the minute you sold it here and got funds she has to report this and go off program until she can spend down the funds.You need to be real careful here, contact the worker before you do anything else to see how long she is ineligible.

I appreciate the chance to help you today.Please if you have more questions just ask here, be happy to follow up.Medicaid can be a real minefiled.

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Lawyer: Ray, Lawyer replied 2 years ago

Reference..

http://www.elderlawanswers.com/medicaid-planning-in-new-jersey-2869

No gifts here are allowed under NJ medicaid rules .

Thanks again.

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