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Rednecku43 Asked July 2013

My father has Medicare and a supplement. In hospital, no POA, talk of a nursing home. How do I protect his assets?

Was found on ground unresponsive. I have no power of attorney. I am his son. He is not married. Has Medicare, and health supplement. Dr. Is saying he will probably need a nursing home. How do I protect his assets. From being taken? I have been told to seek guardianship of my father . We live in w.va . I want to take him to va where I live to have him closer. What can I do?

EXPERT Carol Bradley Bursack, CDSGF Jul 2013
You aren't likely going to be able to protect his assets. Medicaid is for people who can't pay. So, if he's in a nursing home for a long time he will eventually "spend down" his assets and then likely qualify for Medicaid at that time.

Will your father wake up and be cognitively able to assign you as POA? If not, you may have to seek guardianship. That is slow and expensive. Considering your different states, I think I'd ask an elder law attorney for some advice.

Good luck,
Carol

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