Legal Question in Wills and Trusts in Pennsylvania

A nursing home can't take anything from anyone. When the mother goes into the nursing home, how does she plan on paying for her stay? Medicare only covers about 120 days. After that, a resident either pays out of pocket, with long term care insurance or has to apply for Medicaid.

To the extent that a resident applies for Medicaid, Medicaid has a 5-year look back period. Howeever, the limits are state specific and I would enourage mother, if she is still at the pre-Medicaid stage, from seeking out experienced legal counsel in this area to navigate the Medicaid minefield.

Anyway, Medicaid will go back in time for five years to see if mother has given away any property. if so, mother may be precluded from applying for Medicaid for a certain period of time. If mother can received Medicaid, there are certain spend down restrictions of mother's assets. Again, it is best to consult with an elder law attorney specializing in this area to make sure that motgher's resources are spent in the proper way.

Even if mother qualifies and receives Medicaid, each state is mandated by law to recoup Medicaid expenditures from mother's estate when mother passes. Usually, receipt of Medicaid funds implies that mother's Social security check goes to the nursing home and the balance will be paid by Medicaid.

You do not provide enough information about the ownership of mother's investment account or other assets that mother may or may not have or where she is in the Medicaid process. As a result, I cannot tell you whether Medicaid will have a claim for recoupment against mother's funds or whether mother will be able to spend down the funds in order to receive Medicaid.