I know that Medicaid needs a ton of supporting paperwork but we are wondering if the nursing home really needs a copy of mom's will for themselves or if it is necessary for the Medicaid application process?
I would then contact Medicaid in your state and ask them the same question.
One thing I'm thinking of is that the NH (and Medicaid) want insight into what assets are available, which could be inferred but not conclusively derived from a Will. I suppose they would be looking for financial asses as well a property assets.
Others here are more knowledgeable about Medicaid; usually after dinner hours brings out more posters so hopefully you'll get a more precise response then. I'm not that familiar with Medicaid requirements, and they do vary by state.
I am thinking though that a Will provides more personal information as to heirs than I would feel comfortable sharing with strangers, but that's just my opinion.
We had to supply a TON of stuff for Medicaid, bank records, Will, deeds and vehicle titles. Very detailed, lots of stuff to sign. ALWAYS write "POA" after your signature. ALWAYS get copies of all documents.
Medicaid may require a copy of any Trust documents that pertain to the applicant.
For example, if the applicant has created a Trust, is acting as a Trustee, or is the Beneficiary of a Trust, this information is relevant to the review of assets that the Medicaid case worker performs when determining eligibility. I don't know why a nursing home would need a copy of Trust.
Medicaid would not need a copy of the applicant's Will to determine eligibility. Likewise, I don't know why the nursing home would need a copy of their resident's Will.
The only situation I can think of where a Will would be required for disclosure to Medicaid would be if someone else's Will created a Testamentary Trust for the benefit of the applicant. That type of Trust can be carefully written to provide an inheritance for a surviving spouse and other family members, without disqualifying the spouse from Medicaid.
I'd suggest you clearly find out IF in fact your state Medicaid requires submission of an applicants will.
Or if it more that this NH is wanting to find up who heirs will likely be and who unpaid bills could be sent to.
You are not required to do a will. People die all the time without ever doing a will, they are considered to have died "iintestate". Often family don't even know if there was a will ever done. Or even if it was done if it is a valid will that can be proved to enter for probate.
I can see requiring income & assets, trust documents (so to determine if the assets within the trust are revocable or irrevocable and if they are medicaid complaint), property ownership info & valuation, insurance (to establish if there is a cash value as that is an asset) all being needed for medicaid application as they all are use to determine whether they are "at need" for Medicaid....but to me a will should not have to be provided. My mom did not have to submit her will for her TX NH Medicaid application.
One thing I'm thinking of is that the NH (and Medicaid) want insight into what assets are available, which could be inferred but not conclusively derived from a Will. I suppose they would be looking for financial asses as well a property assets.
Others here are more knowledgeable about Medicaid; usually after dinner hours brings out more posters so hopefully you'll get a more precise response then. I'm not that familiar with Medicaid requirements, and they do vary by state.
I am thinking though that a Will provides more personal information as to heirs than I would feel comfortable sharing with strangers, but that's just my opinion.
For example, if the applicant has created a Trust, is acting as a Trustee, or is the Beneficiary of a Trust, this information is relevant to the review of assets that the Medicaid case worker performs when determining eligibility. I don't know why a nursing home would need a copy of Trust.
Medicaid would not need a copy of the applicant's Will to determine eligibility. Likewise, I don't know why the nursing home would need a copy of their resident's Will.
The only situation I can think of where a Will would be required for disclosure to Medicaid would be if someone else's Will created a Testamentary Trust for the benefit of the applicant. That type of Trust can be carefully written to provide an inheritance for a surviving spouse and other family members, without disqualifying the spouse from Medicaid.
An article discussing the idea is here:
https://www.agingcare.com/articles/Medicaid-vs-Inheritance-192510.htm
Or if it more that this NH is wanting to find up who heirs will likely be and who unpaid bills could be sent to.
You are not required to do a will. People die all the time without ever doing a will, they are considered to have died "iintestate". Often family don't even know if there was a will ever done. Or even if it was done if it is a valid will that can be proved to enter for probate.
I can see requiring income & assets, trust documents (so to determine if the assets within the trust are revocable or irrevocable and if they are medicaid complaint), property ownership info & valuation, insurance (to establish if there is a cash value as that is an asset) all being needed for medicaid application as they all are use to determine whether they are "at need" for Medicaid....but to me a will should not have to be provided. My mom did not have to submit her will for her TX NH Medicaid application.