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My Father/FIL in a Nursing Home on Medicaid & he is over his savings limit. He is an Alzheimer's & Memory Care resident for 2+ years in Ohio. We built a house there in 2006 and moved him in with us (8 years prior to his doctor saying it was time for him to go for 24 hour care.) He was getting worse and having "fall" issues. We only take money from his account for his 2 grandchildren's birthdays and Christmas (& twice for his son). I would like to know what expenses are legal...we don't want to do anything illegal. If something would happen to him in Ohio, and it is necessary for us to travel there from Florida, are expenses available for us from his account? He is 90 years old and we are in our 70's.

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POA's can NEVER compensate themselves. Talk to your lawyer before you are removed by a Judge.
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Sam - his being on Medicaid limits what his $ is to be used on. Personally I'd be concerned that the "gifting" done already could be a problem for Medicaid. Really his gifting $ to kids birthdays is a huge red flag to get him suspended from medicaid and you removed as DPOA.

Once on Medicaid, as you know there are income & asset limits. Income maximum varies by stare but it's whatever he gets (SS, pension, etc) each month for income becomes his required copay or SOC ( share of cost) to the NH. He is allowed a small personal needs allowance. PNA varies by state, like for my mom in TX it was $ 60. If his income goes direct to the NH, the PNA is in a trust account for him at the NH that he, you or the NH can withdraw from. If the PNA gets over 2k, it can make him ineligible for Medicaid. So often a NH will do a spend-down of a big ticket item (walker, wheelchair) to get the PNA under 1k so no medicaid problems. Also most NH have them on regular beauty or barber shop visits or monthly cable or phone bill, so the PNA gets spent totally or almost totally each month.

If he still has an bank account with the 2k in assets allowed, he has to spend it and keep it under 2k to be OK for medicaid.

If his income is still going to his old bank account & you as DPOA are writing the NH a check for the medicaid copay, then you have to make sure $ stays under 2k. Each & very month (this is what I as dpoa did for my mom) it must end the month no more than 2k balance. Any of his $ is supposed to be spent on HIS care & HIS needs. NOT gifted to others under medicaid rules. As DPOA you can go to Target and buy clothing & toiletries and write a check from his bank account for them. But writing a check from his account to you....well you better have a receipt that show the Target purchase were for his use & a to the penny match up for any checks written to you.

Please keep in mind that Most states have a process to renew medicaid annually. For my mom, the renewal was a 7 /10 page form & required submitting 4 months of bank statements with all pages including cancelled checks. Their $ must be used for their personal needs, so a check written to granddaughter could have him suspended from medicaid. Granddaughter now needs to buy her 90 yr old grandpa things & not the other way around. Yeah, Medicaid may never find out but if they do and if Medicaid suspends payments or rules him ineligble do you have the $$$ to private pay for his care? Medicaid is very clear that any gifting is not allowed.

Travel costs for you to go from FL to OH to visit him are your own costs.

If you cannot afford traveling to see him or any other costs needed to be his DPOA, he can be made a ward of the state of Ohio and a judge will appoint a guardian for him. It happens often.

Please please no more checks to you or grandkids. Buy him extra eyeglasses, clothing, a large print magazine or books on tape subscriptions, twice a week barber shop visits.
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I know when we had to go to Mom's 'rescue' and gather her and her belongings and move all closer to us it was a reimbursable expense. Not for our time, but for actual physical expenses that generated receipts. Hope that helps.
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I do bellieve that POA can reimburse travel expenses to attend to business. Bumping this up so that someone else will answer.
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