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D
dee2848 Asked June 2017

I am POA for my dad. Can I pay myself back for home repairs to his house?

My dad is 93 years old. He is in a nursing home - result of a stroke. I also have a special needs sister that lived with my dad. I am her legal guardian. The septic system had to be replaced at their house. He has no money so I took money out of my savings to pay for it. Can I pay myself back out of money my dad gets from the VA benefits?

Guestshopadmin Jun 2017
Is your father in the nursing home on Medicaid? If so, NO you cannot repay yourself from the money he receives from VA benefits. Medicaid requires that all pensions, social security income, etc. go to the nursing home as his "share of cost". Did he sign an agreement with you to repay you? Check with your area agency on aging - they should have a list of elder care attorneys that might give you a free consult for this question. You don't want to do anything that would mess up Medicaid or look like you were gifting yourself money. Without agreements in advance, Medicaid looks at things that family members do as your providing care out of filial duty and love. It's a hard place to be. Please also check to see if there is a Medicaid lien on the house - once a person goes on Medicaid in nursing home their property is subject to a lien that prevents sale or transfer to other people other than very specific exceptions.

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