In a statement from a previous nursing home, it clearly states 'funeral expenses' yet they still took her pay out. Can they do this?

my understanding, too, is that the policy would have needed to have been turned over already to the funeral home, as in pre-paid, same as actual cash assets; been trying to get hub's aunt and uncle to do this for the same reason, but can't get them to do it

Sorry for your loss. I am not a lawyer, however I would request a detailed itemized bill from the NH. I do know as a former BOM of a NH that no, the family does not receive any money post-death. My mom just passed on 12/17, at home with hospice and I had to report that to the State. If my mom had ever collected medicaid, her estate would have to pay the State back. My condolences again.

Sorry, this should have been explained t o you at time parent was admitted. I've been told that policy could have been turned over to the funeral place. You can preplan the funeral. What is left over goes to her estate. Like previously said, Medicaid requires all assets liquidated. They r paying for family member to live in a home.

nmiller209, if either policy had cash value, Medicaid would require it be cashed in and spent before they would pay the bill. Also, your POA ended at death.

Kindly provide more info.

I'm not sure that was legal then! You probably need to take the documentation you have on them cashing in the policies, and the policies themselves to either the district attorney or an eldercare attorney. OTOH, it is unfortunately possible that Medicaid would not recognize policies as earmarked for funeral costs unless they were irrevocable for that purpose, and they typically let you keep only policies that have no "face" or cash value.