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amallory Asked June 2018

How long does Medicaid in Georgia have to issue an estate recovery after a nursing home resident passes away?

Medicaid recipient passed way December 17, 2017. Has no estate and no ownership in a home.

amallory Jun 2018
No will. Yes CD was mentioned in Medicaid application. Apparently power of attorney goes away when the person dies. If I had been listed as the POD bank says I could have gotten it. Probably it will be eaten up in attorney fees now

JoAnn29 Jun 2018
My Mom has been gone since Sept 1917. I have not received anything official from Medicaid. Mom has a house. I called her caseworker and he was able to get a letter for me stating what was owed so I could price the house lower.

Wasn't this CD mentioned in the application for Medicaid? If not, it should have been. If u had a POA you could have cashed it in.

Was there a will? If not I would think the CD would be her estate. If no will, Maybe go to the probate office and see if you can get an affidavit. Maybe with that you can cash in the CD.

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amallory Jun 2018
I did have my Mom's address changed to my own, even before she passed away while living in the nursing home. I have spoken with the nursing home a couple of times about this and they have not gotten anything. I know they have my name on file as the point of contact and power of attorney. They did, however, help me with her initial Medicaid application, but whenever it was time for renewal I always provided what they needed. She really did not have anything as far as assets go, no ownership in her home with my Dad. He passed away before her, in 2013. she had a total of $7000 in life insurance, which paid after her death. She had $3000 in a CD, which attorney said she could have a total of $10,000 for burial expenses, so that $3000 made up the difference. However, since the CD did not have a POD listed, the bank will not let me get it out (there is only myself and my sister). Attorney said I needed to wait on an estate recovery from Medicaid and then she would try to help me get the CD. There is no estate or assets to probate

igloo572 Jun 2018
If I’m not mistaken GA has an outside contractor (HMS) for MERP. If so the details on the OC with contact info should be on your states Medicaid website. If it’s a known - via all the info submitted in her initial Medicaid application and renewals - that mom had no assets, it very well could be that GA had your mom on a no asset recovery to be done list.

Usually the state or its OC sends out a NOI (notice of intent) letter and questionnaire to whomever Medicaid has on file as the point person for Medicaid updates or Medicaid annual renewal within 3 - 6 months after DOD. In the questionnaire, there’s a list of ?s as to what bank balance was as of DOD, value of burial policy, property ownership info, if probate is to be opened, if there’s a life insurance policy with estate as beneficiary, etc. Really the ? are geared about determing if there’s assets out there to warrant a recovery action to be attempted. Usually it’s sent to the dpoa at the dpoa’s address. But if your elder was getting all Medicaid correspondence sent to them at the NH, it could be that everything has gone there and now in a dead letter box at the NH. Hardly anyone does a change of address notice for NH residents to have mail sent to whomever is next of kin or future Executor.

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