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LegalGround >> Anyone know anything about elder law/medicaid?


5/14/11 2:12 AM
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Shaz
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 Got a question from someone close to me - their grandmother is very ill and in a nursing home which costs $14,000 a month (note to self: open a nursing home).

A significant portion I believe is being covered by medicaid (or medicare - not sure if that's important).

The family is under the impression that when she dies, the government is going to seize some of her assets in order to recoup the medicaid expenses, before her relatives can get their inheritance.  

Is this true?  Looking for info only from people who actually KNOW the law, no speculation please.
5/14/11 2:57 PM
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jbapk
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This is a brief overview of the issue, but basically yes with limitations:

seniorhealth.about.com/od/findinglongtermcare/f/Medicaid_NH.htm
5/14/11 11:47 PM
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Shaz
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 Thanks for the info - nothing in there about the govt. seizing assets after dying though - ever hear about that?
5/15/11 1:27 AM
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jbapk
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From the link:

"If there is a spouse who will not be living in the nursing home, they will not be required to become destitute in order to pay for the care (for example selling a home to pay for care), but Medicaid can require some "payback" for care after that spouse has passed on by billing the estate."
5/15/11 10:17 PM
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Shaz
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 Missed that part, thanks!
5/16/11 4:42 PM
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seg
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I think this is state law specific, but most states have an "estate recovery" program whereby they can file a claim against a probate estate and/or place a lien on real estate.

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