Legal Question in Elder Law in Pennsylvania

medicaid confusion

As the former POA of a recently deceased relative,

previous directives regarding spend down money and

gift money as stated from caseworkers is now being

challenged with the combination of two accounts. The

gift money is now being included with the medicaid

amount required. The (gift $) which was deposited in

my undisturbed personal checking account for five

years and used throughout all payment transactions is

being challenged . All time frames for removal to spend

down were met. In addition, the assigned caseworker

informed me that there should not be a problem

regarding the gift money and would make notations

should that happen so that no misunderstanding

occurs. Based on the spend down monies which were

used to reduce the Nursing Home and Pharmacy debts

along with the withdrawal for Gift Money, the amount

remaining in the Money Market account meets the

required amount for Medicaid Allowance .

Why am I now being challenged even when I was told

that Medicaid would reimburse up to 30 days if

someone should expire prior to the application

process's completion ?

How can this situation be challenged since as POA I

had legal rights to withdraw funds for gifts at the time?


Asked on 11/14/05, 4:21 pm

1 Answer from Attorneys
CHARLES WEINER Law Office of Charles Weiner

Re: medicaid confusion

It is not clear to me who is challenging your actions in your capacity as a POA. However, if heirs or the executor/executrix or the government is questioning your decisions as a POA, then you will need the assistance of an attorney. There are too many issues which can not be address in this response.

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Answered on 11/15/05, 9:51 am


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