Legal Question in Elder Law in Georgia

sick in the hospital for 6 weeks

my mother has been in the hospital for 6 weeks now. Prior to be admitted to the hospital she has been in a nursing home for 9 months. She has a monthy income of 2300 which goes into a QIT/Miller Trust. She is on medicaid and we didn't do a bedhold at the nursing home. Is my mother entitled to keep the 4600 in her own account or will she have to use this for the nursing home. Can she keep any of this money? They made her spend down all her money so she is left with nothing. Can I legally use this money for her future needs since she had no obligation to the nursing home.

Asked on 3/26/06, 8:29 pm

1 Answer from Attorneys

Christopher Ballar Christopher A. Ballar PC

Re: sick in the hospital for 6 weeks

Recent changes to Federal and State rules make it harder to give "off the cuff" advice. You need to seek individual advice for your specific situation. That being said, your mother's money should be used for her care only. Other expenditures could be considered a gift, or fradulent transfer, and subject her to future penalties should she need to reapply for Medicaid.

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Answered on 3/27/06, 9:52 am

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