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coldon16 Asked June 2019

My mother is in a nursing home on Medicaid. I am her POA. If her checking acct goes above $2000 can I withdraw some of it for myself?

I'm 63 and in grave danger of losing my apt. I could use it to help pay back rent. I've already gotten as much govt aide as I can. I still work but my husband has recently become disabled.

coldon16 Jun 2019
Thank you all for your answers! I wouldn't ever want to do anything fraudulent! My mother has a trust at the nursing home so I'll add it to that and have them pay for her extras from now on. 😊

Countrymouse Jun 2019
Can you pay your rent with your mother's money using your Power of Attorney in order to stop her becoming ineligible for Medicaid?

No. No, on every conceivable level, no. Theft, fraud, abuse of trust.. Don't do it. No.

This is not to say that I am not sympathetic to anyone who is struggling financially. When you say, losing the apartment - how have you got into such difficulties? Is your landlord someone you can talk to?
coldon16 Jun 2019
Thank you for the advice! I'll put the extra money in her trust which is at the nursing home. I'll find out how I can get them to pay for her extra needs like new shoes, bras etc. My brother but all her clothes as gifts for the holidays and bds.

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JoAnn29 Jun 2019
My question, how did she go above the 2k. Her SS and any pension should be going to her care. If the PNA is taking it over, you need to spend it on her. She should have no money other than the acct with the 2k and her PNA which is $50 in my state.

No, you can not use her money for you personally. The 2k can only be used on her. You will need to get the overage spent somehow before Medicaids yearly paperwork needs to be made out.

MargaretMcKen Jun 2019
I'm wondering if OP could take a loan, properly documented. Does anyone know?
worriedinCali Jun 2019
She can get a loan from the bank. Her mom is on Medicaid and cannot loan anyone money, it will affect her Medicaid eligibility.
Houseplant102 Jun 2019
Usually monies above 2K must be paid to the nursing home unless the money is judged as essential to maintain some other need of hers. About 50 dollars would go into her personal account, the rest toward the nursing home bill.
Avoid any spending that can be judged illegal by any of the programs for which you or family are qualified.
On the Medicaid side, it's illegal for you to spend any of her money/resources on yourself.
If you are, or become, her Representative Payee it's also illegal to spend any of her money on anyone but mom.
If you or husband are receiving any aid or disability, those programs have specific requirements based only on your own money/resources.
Don't spend her money on yourself or your husband. Don't ever spend your money on her.

Cinderella5001 Jun 2019
No. You cannot do that. Your POA gives you the authority and responsibility to handle her funds in ways that benefit her. You should also avoid spending your own money for her care. You should seek advice from a local attorney.

worriedinCali Jun 2019
No. You can’t just help yourself to your moms money. That would be abuse of your POA.

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