Legal Question in Elder Law in Massachusetts

If your mother receives MassHealth benefits, then all she keeps of her income is $72.80 per month as a personal needs allowance. If the nursing home manages her Social Security check, these funds are usually held in an escrow account at the nursing home. It's not clear if you have power of attorney for your mother or not -- if you do not, you have no legal say over how the money gets managed.

First, you are not explaining who pays for the nursing home and if her benefits are being used to pay a portion of her nursing home fees.

Second, it is unclear if you have a power of attorney for your mother. If you do not, then you have no authority over how her money is managed.

Attorney Golden's statements are correct as to Mass Health and your rights as well.

The two earlier answers are correct. There is further information needed to respond to your question. Some of the questions which need answers are:

What money is the nursing home holding for your mother?

Is it her Social Security check, or does the nursing home have other money of your mother's?

Is your mother legally competent?

Do you have a power of attorney to act for your mother?

If you will furnish additional information, it will be possible to refine the answer.

Russell E. Haddleton, Esq., CELA

Haddleton & Associates, P.C.

251 South St.

Hyannis, MA 02601-1298

[email protected]