Blog for John Sweeney - Elder, Wills, Estates, Trusts, Special Needs, Business, & Tax Lawyer in CT and NY

Nursing Homes pursuing Transferees

Posted by John Sweeney | Aug 15, 2014 | 1 Comment

Nursing homes are increasing aggressive against children and others who received gifts or money from their parents.

The concept is that if you take money from anyone who then winds up in a nursing home on Medicaid (the government), the government or the nursing home can try to get the money back.

In Connecticut, the government pays about $8K per month for nursing home care and it can look back 5 years to recoup transfers.

The private pay rate is about $12K and the nursing home can pursue that amount or the difference between the Medicaid rate and private pay which is $4K per month.

In a recent NY case, Aaron Manor Rehabilitation vs Diogo the Court allowed recovery from the transferee.

If the transfer was done by a competent person who has the money, it is a matter of getting the money back.

If it was under a Power of Attorney, then there is the issue of abuse of the Power and violation of fiduciary duty.

If the transfers are done in a manner which involves stealth, forged signatures or incompetent people, then it can be a criminal matter involving theft of the funds.

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John Sweeney

John is an experienced lawyer who helps you solve your problems. He practices Elder, Wills, Estates, Trusts, Special Needs, Business, & Tax Law in Fairfield County CT and Westchester County New York. He brings a wealth of experience in law, business, tax, insurance, and finance to arrive at practical solutions with compassion and care. Honest, direct and practical, he is focused on you and your problems. He also brings a wealth of personal experience from his own large family and aging parents.

Comments

Eslam Reply

Posted Mar 15, 2015 at 18:57:28

Use the income from the anituny to pay the premium on long-term care insurance that will pay the nursing home bill. The only asset that will be protected from Medicaid is the income and assets that are preserved in order not to impoverish a community spouse . That’s a living spouse who is not in long-term care. The amount that can be protected is not very large and may vary from state to state. Long-term care insurance is most cost effective when it is started at about age 50. The premium is not too high, as it will be when purchaced later in life. You also have to understand the rules in your state about divestment of assets prior to nursing home placement. There is a five year look back in most cases.

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Elder, Wills, Estates, Trusts, Special Needs Tax & Business Law; Attorney John Sweeney

Sweeney Legal, LLC, provides legal, practical, and business counsel to Seniors, families, and businesses in the Fairfield, Connecticut area, including the communities of Bridgeport, Bethel, Brookfield, Danbury, Darien, Easton, Fairfield, New Canaan, Newtown, Norwalk, Redding, Ridgefield, Stamford, Weston, Westport and Wilton. John is also licensed in New York serving Westchester County including the towns of Bedford, Lewisboro, Mount Kisco, North Salem, Pound Ridge, and Somers.

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