I have been a senior's power of attorney for both financial and medical for 3 years, I have never taken any compensation for my services. Is there a legal limit that I am allowed to take before a medicaid claim is made? I am trying to understand my legal rights and limits before we are at that point. Thank you for your time, I look forward to your response.
I didnt do it for Medicaid. I did it for my Mothers care and supplies only, and she has now been with me for years and her money is long gone. Hope this helps answer a few things, get yourself to an Elder Attorney asap.
U.S. Govt ONLY ALLOWS FOR TWO HOURS A DAY FOR HOME CARE SERVICES...
THE GOVT DICTATES TO YOU WHAT YOU CAN AND CAN NOT DO!!!
WHEN THE GOVT PAYS THE BILL.
go to their website read it.
It is much less expensive to maintain a senior in his or her own home than to pay for placement in a nursing home, and the waiver programs are geared for both the senior's welfare and also saving money.
In any case, someone intending to charge for services to a senior on Medicaid should consult a local attorney specializing in Elder Law. Rules do apply and it is best to know what they are and set things up to comply right from the start.
You really need to talk to a lawyer to protect your interest and to do it legally so there is no question. You cannot be paid for future care, but present care can be charged for.
1. What type of POA do you have? There are several different types of POA, with limited and specific powers.
2. Who drafted the document? [A] Lawyer? [B] You and the senior?
3. What is your relationship to this senior? Where is the family?
4. You stated; “I have never taken any compensation for my services.” What exactly are your “services” you perform?
5. Handling one’s “financial and medical” does not require more than 12 hours MAX a month.
To pay monthly bills, open mail, review bank statements, deposits, keep medical records in order.
6. Has this senior been declared incompetent by a court?
7. Why is the senior on Medicaid?
8. What happened to the Medicare?
9. You did not mention if you where PCA or CNA, cert, caregiver?
10. You did not state if you are working or have been for past 3yrs, 24/7 caregiver?
11. There are so many variables to your purposed question.
12. You need to look up the laws where you live, and carefully read them. [Specifically POA & Elderly Laws & Medicare.gov]
13. If this senior has a Lawyer she has used in past years, I would consult with him, and a Lawyer
in Elder Law issues ASAP.
14. I HOPE YOU DO NOT RESIDE IN THE STATE OF NEVADA, SOME IF NOT ALL OF WHAT YOU ARE
OR HAVE BEEN DOING; ACCORDING TO NEVADA LAWS; IS CONSIDERED ILLEGAL; FALLS UNDER
ELDERLY EXPLORATION; ETC…
You need an experienced elder care attorney to do this, as one who has a practice in the county in which she resides as that cuts down on courthouse runs & cost.
Reindeer - LadyBird deeds are not valid in all states. It's valid in FL, TX, MI, OH. I think it's validity has been challenged in CA and KS. It seems that in TX how the LadyBird is written can be kinda critical so that it is not viewed by MERP as a regular life estate deed.
I completely understand that your duties should be compensated, if you have acted "in the benefit" of the Principal. This is what medicaid wants to prove.
For example if you have been taking the elder to the Dr's, making sure they are taking meds as prescribed or care needs have been in order, bathing, dressing, activities, food, clothing, etc.. If you can clearly provide proof of these things and have been spending the funds they have to provide the elder with a decent quality of life, paying the bills for them keeping the home life decent and safe, promoting safety and health care needs, etc. It should be apparent in your records. This is what I believe medicaid looks for in the application process. Put it this way if you have to be payed for a job well done and you need to be paid to help someone that gave you the duty to do an act for them, that is your duty by law. Read your papers, call the local medicaid office for info on the application process ask them what is allowed for "look back period" laws etc..
I found through our local Area on Aging that additional in home help could be provided. The assistance was based on the fact that I was over 60, retired and had no income of my own. It was not based on my dad's income and my husband's retirement income was also not considered. I received 30 hours per month, to be used as needed, until I no longer needed the help; meaning my father no longer needed the help.
There were programs via Medicade, that would have provided 5 hours per day of in home help. At that time, we chose not to go that route. Eventually, my dad did go on Medicaid.
I think there is some confusion between Medicare and Medicaid. My experience was that Medicare only covered the home health, short term services, that kick in when a elderly person leaves the hospital or rehab unit and comes home.
Ahtoo12: I think you are up the creek on any contract that gives you past compensation. Should you attempt this, it is quite likely that the senior in your care will have difficulty qualifying for Medicaid.
In short, if you want to get paid, get a legal contract. Payment starts then. Retroactive payments are a no no.
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