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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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Old 10-16-2009, 09:49 PM
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Join Date: Jul 2005
Location: Pennsylvania
Posts: 6

POA and Medicaid question

What is the name of your state (only U.S. law)? PA
I have a close friend who is in a nursing home and will need to stay after fracturing both hips this summer. I have a Medical POA and POA for banking so I can write checks for her. The social worker at the nursing home says I will need to talk to billing and apply for Medicaid (Medical Assistance). My friend has over $20,000 in a CD and has me listed as co-owner of the CD, and I have the same for her. I have two questions: 1) If I am involved in financial paperwork is it advisable for me to see an attorney to prevent me from becoming financially responsible for her care? 2) as co-owner of the CD she opened almost three years ago, will this money be used to pay her nursing home stay or is it considered mine?
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Old 10-17-2009, 01:49 PM
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Join Date: Sep 2004
Posts: 2,985
Generally, if you make clear that you are acting only as an agent under a POA for any transactions, you will not be personally liable. However, if you are queasy, consulting with an attorney would not hurt.

Quote:
2) as co-owner of the CD she opened almost three years ago, will this money be used to pay her nursing home stay or is it considered mine?
I would not want you to take this as a certainty... But my inclination is to think that the entire $20,000 will be considered as an available asset.
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