2500 Highland Road, Suite 105
Hermitage, PA 16148
Hartle Elder Law Practice, LLC
The Law Firm Where We Treat You Like Family
By Carolyn E. Hartle, Esquire, Dec 7 2017 09:07PM
Myth: My husband and I have saved all these years. Now, he must go into a nursing home, so the state will take all our money.
Reality: This is false. The Commonwealth of Pennsylvania will not take all your money. If one spouse needs to enter a nursing home, Medicaid permits the spouse residing in the community to protect a certain amount of the assets. The maximum amount of assets which can be protected is $120,900.00 and the minimum amount is $24,180.00. However, the amount of money which can be protected depends on the value of the couple’s assets. An Elder Law Attorney can assist your family in qualifying for Medicaid, in preserving your assets, and assuring your peace of mind.
By Carolyn E. Hartle, Esquire, Dec 7 2017 08:40PM
QUESTION: SHOULD YOUR CHILD’S NAME BE ON YOUR BANK ACCOUNT AS AN OWNER?
ANSWER: There are advantages to having a child’s name on your bank account; however, I believe there are many more disadvantages. While having a child’s name on your bank account enables him/her to pay your bills if you become ill, so does a Power of Attorney. I believe the best approach is to leave the bank account in your name alone but have a Power of Attorney, which will authorize the Agent named in your Power of Attorney to pay your bills in the event you are unable to do so. Further, an Agent acting under a Power of Attorney has duties to abide by, such as using your money for your care--not his/her own personal use.
Then, upon your death, the Executor/Executrix named in your Last Will and Testament will have access to your bank account once he/she is sworn in by the Court. Or, in the alternative, you could name your child as the Beneficiary of your bank account, which is known as an “in trust for” account, thereby enabling your child to access the funds in the bank account without going through probate.
By Carolyn E. Hartle, Esquire, Dec 7 2017 08:29PM
MYTH: TO QUALIFY FOR MEDICAID TO PAY FOR THE NURSING HOME, THE INDIVIDUAL WILL HAVE TO SELL HIS HOME.
Reality: This is false. In Pennsylvania, the residence is an exempt asset, which means it does not count as a resource for purposes of becoming eligible for Medicaid—provided the individual states he/she intends to return to his/her residence, whether he/she will ever actually be able to return to his/her home.
However, if a Medicaid recipient passes away and his/her house passes under his/her Last Will and Testament, then the Department of Human Services will have the right to recover the amount of money, which has been spent on the Medicaid recipient’s care from his/her Estate. In essence, Medicaid will make a claim against the Decedent’s Estate. This is known as Estate Recovery.