Legal Question in Elder Law in Massachusetts

My Mother was recently sent into a long Term Nursing Home. I am her DPOA and we are in the process of setting up a Medicaid Application for her. As i am new to the Responsibilities of being a DPOA can you tell me if i can be held liable for any of my moms' debts and how much of her SS Check and my Dads Pension income will Medicaid allow her to keep? i have 2 disabled brothers who still reside in moms house and i need to know how much of moms money ( if any ) is legally available for me to pay continuing bills with. Thank you for your Kind Reply as soon as possible!


Asked on 7/15/14, 11:54 am

1 Answer from Attorneys
Russell Haddleton Haddleton & Associates, P.C.

Your mother is entitled to a small Personal Needs Allowance. The balance of the funds which include her benefits under your father's pension (I assme he is deceased) go to the nursing home.

You cannot be held liable for any of your mother's debts, undere present law, so long as you do not agree to assume that liability.

You mention that your two brothers, who re disabled, live in your mother;s house. That fact presents an opportunity for Medicaid planning which should be explored. Has consideration been given to the possibilitiy of transferring your mother's house to your brothers or to a trust for your brothers?

Read more
Answered on 7/15/14, 1:37 pm


Related Questions & Answers

More Elder Law questions and answers in Massachusetts