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My mother-in-law lives in memory care is on Medicaid. Her checking account is almost $1000 over the $2000 limit for Medicaid. My brother-in-law who has financial power of attorney states to my husband (who is second on the financial power of attorney, ) that he will just leave it there until Medicaid finds it. He thinks because of the Covid restrictions that those are still on and Medicaid is not looking.



My thought process is , will there be a penalty causing her to lose her Medicaid benefit back to the date that she was over that amount of money? Meaning ,will family have to cough up months of rent money because of this?



I think he needs to take care of it before Medicaid finds it. I tried googling it because I prefer to have something in writing to forward to my husband and my brother-in-law.

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Pre-pay for the funeral with it, there's other things that can be done with it. If she has any kind of insurances or debts that can be aid I think that's also allowed. Also, if the account rises and falls "around" that 1000k mark, I'm not sure if it is that big of an issue -- 1k really isn't much at the end of the day, but I haven't had to deal with that myself for medicaid. Other means tested, like, My bank account starts high and in 2 weeks is down way low cause bills happen :) so, you dont tell them the $ that is there when all the $ is in account, but the low end - ir the money aside from what is needed for monthly bills. If it is soc sec goes in and she's over 1k, then her bills are paid and she's below it -- then she's below the limit kind of deal (I *think*). But I wouldnt leave anything "till they find it". Covid has not stopped office work, I'm pretty sure its sped things up to be fair. This was the first year I filed snap and got a call in 72 hours. Ppl are working hard to try to protect those who are vulnerable by getting their cases dealt with ASAP. So the ducks need to be in a row ASAP as well.

If no one answers here call any local senior center and see if you can have a chat with one of their social workers as an advocate for your LO in this circumstance
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babsjvd Dec 2022
it Is the BIL control of finances.. all prepay of funeral / furniture all that stuff.. etc is done.. the account is just over ..
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Yes, he shouldn't 'assume' that Medicare will somehow overlook it. Gov;t agencies are pretty good at tacking down the nickels and dimes.

If your DH is honest and upfront, I can't think that the penalties for $1000 of Medicaid money would make a difference. Maybe a fine os something. But, by being 'sneaky'--yeah you'd get a lashing for that! Honestly is always the best way to go, One narrative (the truth) and you probably aren't looking at a huge deal.

I'd say contact a lawyer, but they will charge you more than $1000 and that seems ridiculouus.
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babsjvd Dec 2022
It’s my BIL who is first POA.. .. I don’t get why anyone would play around with possible fines/ or penalties..
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I would wonder why an extra 1k in her bank account. Does your brother pay MILs SS and maybe pension to the NH? If so, does he take out the allowed amount for Personal Needs? Which is in my State $50 a month. If so, this is were the overage is coming from. This PNs is considered assets allowed and needs to be spent on MIL. It will continue to be a problem as long as she has hit the 2k allowed. When POA does the yearly renewal, Medicaid will see the additional money and question it.

Is the money from the stimulus checks? That was suppose to be used within a year after receiving. It could have been given to a charity or given as a gift. Need to find out where the additional came from to be able to spend it the right way.
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babsjvd Dec 2022
Somehow after FIL died, there was extra money that had to get spent down … came about after they were both on Medicaid. Memory care gets the bulk of SS.. when my husband asked him about the extra money, BIL stated he will wait to do something about it when Medicaid finds it… I said he needed to do it before… Im concerned about a potential penalty ..would they say for the length of time, that extra money was there, she was not Medicaid eligible and then say she needs to self pay rent for that period??

ridiculous, as BIL is all about inheritance.. even $1000 split by 4 ..
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Babs, I would encourage husband to make it crystal clear that he won't be paying anything if this "plan" of BILs backfires.

He could buy her a new wardrobe, TV, walker, wheelchair, bedding, shoes, snacks, teeth, glasses...
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