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I am my dad’s P.O.A. My 3 sisters keep telling me to not listen to the Medicaid case worker and to just do what they want me to do with our mom’s property, money, etc. Help! I am more than willing to give Medicaid any and all information that they ask for, but the tensions are running high amongst family.

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If a Medicaid application has been filed then a “snapshot” date has been set for your parents for how Medicaid looks at their assets and income and determining eligibility. Medicaid views them as a couple when evaluating finances. Doing anything now to move, transfer, gift whatever of their $$ will cause Medicaid eligibility issues for dad which morphs into issues for mom and you as DPOA.

Mom assets are Dads assets & vice versa. And for most states, she as a community spouse is allowed to have abt 119k in nonexempt assets & dad 2k in non exempt assets. (A home & a car are exempt assets if value under Medicaid limits). If combined their over basically 120k in non-exempt then it’s Hello Spend Down! or they place the excess in a medicaid compliAnt SNT or SPIA. These aren’t DIY but they need a experienced elder law atty.

Personally to me, if they are like a lot of elders, they have like 50k in the bank and a old house maybe 200k and old car, then mom’s ok for nonexempt assets & realistically there not enough $$ to do anything creative like a SPIA.

BUT what you as dpoa want to pay attention to is the income rules. For Medicaid mom’s income is hers & dads is his. And this comes into play & is mucho importante as Medicaid requires the LTC resident to do a copay or SOC (share of cost) of all their monthly income (like his SS), less a small (avg $50 mo) personal needs allowance, to the NH. If mom could need to get from dads monthly income $$ for her to live as a CS - a community spouse- mom may need to show why she needs his $ diverted to her. It’s called CSRA or MMNA... community spouse resource allowance/ monthly maintenance needs assessment. Think of it kinda like alimony for the nonNH spouse (mom).

Yeah it can be confusing. And confusing atop dealing with mom’s situation and dads gettIng adjusted at the NH. Not even factoring in those Sisters carping abt $$$....

Doing anything now to transfer any of their assets / income at this point in time or in the future will trigger a transfer penalty inquiry by Medicaid. Medicaid seems to have an annual renewal process so income/ assets will need to be verified annually.

One of the experts on this site, Gabriel Heiser has a great readable book on an overview of the whole Medicaid process: “Medicaid Secrets”, it’s on Amazon but most public libraries have it as well. If Primed today you’ll have it next week to read and show the Sisters why moving $$$ now is Problematic. 
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MichiganGirl, from your profile you write that your Mom is living in a nursing home. Who is paying for the nursing home? Is Mom self-paying at this point in time? Now it is time to apply for Medicaid?

I think I can understand what your sisters are doing, but that would constitute hiding assets from Medicaid. Well, nothing can be hidden from Medicaid, they have a 5-year look back and they WILL find everything that your Mom owns. Now if these assets are in joint name with your Dad, Medicaid will take that into consideration so not to leave your Dad without any assets or money.

You are right, give Medicaid all of the information. Ignore what your siblings are saying.
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Your siblings are worried they will not get anything. I agree, get a Lawyer that specializes in Medicaid. Medicaid allows u to use Dads money for this purpose.
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Presumably your dad appointed you POA because he thought you would be strong in representing his best interests. I am sorry this is putting you in conflict with other family members. Remember that your responsibility is to your father, not to other family members.

It sounds like right now cooperating with Medicaid is in your father's best interest. Stay strong, and do the right thing!
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It would be wise for you to have an elder law attorney to help you with Medicaid process. Medicaid looks back 5 years. Any sums of money or property given to family or sold without the money going towards your dad's could trigger a penalty. This also applies to selling real estate. Elders are expected spend their money for their care. I urge you to speak with an attorney who specializes in Medicaid and elder issues to avoid risking your Dad's ability to get Medicaid.
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