Legal Question in Elder Law in New York

My father was just placed into a rehab facility.He never put anything into my siblings or my name. My neighbor/tenant is adamant that once my fathers 100 days of coverage is over that he has to come live in the house I reside in (my father owns) or I will lose EVERYTHING.Is this true? He said that the insurance will take everything and myself and the other three tenants will be homeless.


Asked on 12/19/13, 3:57 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

First, your neighbor is wrong. Second, see an elder law attorney for future planning as to your father's asserts and Medicare. Your neighbor is right as to the 99 days (not 100) that Medicare pays for rehabilitation. Your father will be responsible for payments beyond the 99 days. What this urban myth really centers on is a person who stays in a rehabilitation/nursing home and has no more insurance or Medicare payments. The nursing home then goes to court and become the guardian (the person is usually not responsive and may be suffering from dementia) and then there is a spend down of all assets (selling the home) to pay outstanding medical expenses. At this stage, the person then qualifies for Medicaid -a program for poor people. Therefore, you must begin making future plans for your father now and see an attorney specializing in Elder Law.

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Answered on 12/21/13, 5:01 am


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