Legal Question in Elder Law in New York

nursing home

my brother in law lives with my mother in law she is 75 and can not stay alone, so he went and got POA, took a reverse mortg, and is spending every ones inheritance, we all found out, mom is coming to live with us, sell home, she wants to give whatever is left to 3 other children. the monies we are to get are to pay offf our mortg, so i can stay home and care for her. what happens if god forbid she needs to be put into a nursing home 6 months down the line. does medicade pay for that?

Thank you for your time.


Asked on 10/08/07, 3:00 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: nursing home

The answer depends on her income, and the income and property available to her. You need to see an elder law attorney becaue under the new regulatios there is both a look back period for asset tranfers when determining elligibility for medicaid; also once she is elligible for medicaid there is usually a period of time during which one must spend down the parent's assets to comply with the income requirements.

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Answered on 10/09/07, 10:39 am


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