Pennsylvania | Elder Law
Legal Question
medicaid confusion
As the former POA of a recently deceased relative,
previous directives regarding spend down money and
gift money as stated from caseworkers is now being
challenged with the combination of two accounts. The
gift money is now being included with the medicaid
amount required. The (gift $) which was deposited in
my undisturbed personal checking account for five
years and used throughout all payment transactions is
being challenged . All time frames for removal to spend
down were met. In addition, the assigned caseworker
informed me that there should not be a problem
regarding the gift money and would make notations
should that happen so that no misunderstanding
occurs. Based on the spend down monies which were
used to reduce the Nursing Home and Pharmacy debts
along with the withdrawal for Gift Money, the amount
remaining in the Money Market account meets the
required amount for Medicaid Allowance .
Why am I now being challenged even when I was told
that Medicaid would reimburse up to 30 days if
someone should expire prior to the application
process's completion ?
How can this situation be challenged since as POA I
had legal rights to withdraw funds for gifts at the time?


