An Abandoned Safe with $176,000 – Who’s the Rightful Owner?
Estate recovery is the process by which the State can seek reimbursement of Medicaid benefits it has paid during a person’s lifetime from assets of the probate estate after the Medicaid recipient dies. But, if one must spend down to less than $2000 what is left for the state to
What’s a Responsible Party? (Part 2)
Last week we were discussing Jenny’s problem. She spent down Dad’s assets. The nursing home filed the Medicaid application and Dad was approved, but with a 4 month penalty. The nursing home was pursuing payment for those 4 months from Jenny.  Jenny hired us to work things out with the facility.Â
What Exactly is a Responsible Party?
Jenny took over handling her dad’s finances shortly before he entered the nursing facility. As a dutiful daughter and agent under his Power of Attorney she saw to it that he was well cared for. She visited him at the facility and paid the facility’s bill promptly until it was
Why the Nursing Home Shouldn’t File Your Application (Part 2)
A few weeks ago we were discussing Barry’s problem. He had spent down Dad’s assets towards his nursing home care and the facility said they would file the Medicaid application. He gave them the financial records and other documents they requested. They said they would handle the rest. So what
BFF and TTYL – What the Heck am I Talking About?
Yesterday, we kicked off my book tour for my new book, “Be Nice to Me – I Pick Your Nursing Home” with an event and book signing at CareOne in Livingston. My 3 children, who Laurie and I expect to be part of our support system when we reach elder
Why the Nursing Home Shouldn’t File Your Medicaid Application (Part 1)
Barry called me concerning his dad who is in a nursing facility. He had spent down Dad’s remaining funds. He paid the nursing home and set up a prepaid irrevocable burial trust as permitted by Medicaid. The facility said they would file the Medicaid application so Barry gave them all
Can I Give a Gift of $10,000 Per Person Without Jeopardizing Medicaid Eligibility?
 A common question I get probably as much as anything about Medicaid. The answer may surprise you. Click on http://www.youtube.com/HauptmanLaw to see my answer.
Why You Shouldn’t Walk into the Medicaid Office Alone
Last year I wrote about the dangers of filing a Medicaid application yourself, without any idea of how the Medicaid rules work. But, in the past month we have had a rash of calls from folks who did just that and ended up with Medicaid penalties – months of
Is Paying Cash a Problem When Filing a Medicaid Application?
This week I am pleased to introduce a new feature to my blog called “Elder Law in a Minute”. This is a short video in which people have an opportunity to ask some of their most pressing elder law questions, ones that may be on your mind too. We’ll mix
A Family Owned Business Long Term Care Nightmare (Part 2)
Last week we were talking about George’s tragic stroke and need for nursing home care. He still owns the manufacturing business he built and the warehouse which houses it. His son, John, asked me whether those assets are protected from being spent down towards care before Medicaid qualification. Like so