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Rhodeislandred1 Asked May 2015

How can I legally spend down my Mom's assets before Medicare kicks in?

I live in CT my mother is already placed in a convalescent home. The third party conservator is closing in on getting her awarded title 19 for Medicare. We just have to pay down her saving and checking account.
He only has rights to do the Medicare part but not rights to the financials yet. I guess my mother still has those rights. He's telling me that there is a $4600 bill at the home that he wants me to write a check out to them for that amount. My mother also has no funeral arrangements, so does she have to pay the home or can she pay for her funeral expenses with the $5,000 that she has left in her account? He seems to be pressing me hard to write them a check and he also set an appointment with the probate court to get full rights to everything. I don't want to get my mom penalized bit do I have a right to pay for her funeral expenses with the money or do I have to use it to pay the home? Or is it too late. Wouldn't Medicade reimburse the he after anyway?

pamstegma May 2015
Ladylee, ordinarily I would agree with that, but here the probate court has already appointed a conservator, and connecticut law says the excess assets have to pay for care. If rhodeislandred does not follow CT law, the Judge will be very unhappy.

ladylee1115 May 2015
Should say Burial*

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ladylee1115 May 2015
Actually a funeral is a Medicaid allowable expense. You can pre-pay for her final expenses in several ways. Contact the funeral home and ask them how to do it. Some states allow a Burian account/ a trust/ or an insurance policy.
The money will not be considered Divestment and you will have her final expenses paid for. Medicaid will pay the Nursing Home when she is determined eligible.
Sorry you recieved bad advice.

pamstegma May 2015
Write the check, do not argue with the conservator. Title 19 is Medicaid.
Medicare is not income dependent, Medicaid is.
Let him have the full rights, he seems to know what he is doing.

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