• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tenncare medicaid

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



tennessee
My mom put a large amount of money in my brothers saving account with the understanding that it was hers for care until she passed if anything was left it was his.This was verbal.My brother is now in hospital not of sound mind and applying for Medicaid.They will take this money.How can I stop this?
 

Just Blue

Senior Member
My mom put a large amount of money in my brothers saving account with the understanding that it was hers for care until she passed if anything was left it was his.This was verbal.My brother is now in hospital not of sound mind and applying for Medicaid.They will take this money.How can I stop this?
Define a "large sum of money". Is your mother still living? Is she of sound mind?
 

commentator

Senior Member
I'd say, essentially, you can't. He will have to use this money to pay for his care before he qualifies for Medicaid. From the sound of it, he has a sum of money in his savings, which, if he doesn't have to use it all, it can go back to your mom and or other family members. But that's the whole idea of Medicaid, that it takes over when the person needing care cannot self pay. If he, within the last seven years has had this large amount of money in his savings, he must use that to pay for his care, even if you somehow managed at this point to take it out of the savings account.

You folks just mis-guessed who'd have the health crisis. If your mom had kept the money, they wouldn't be asking her to pay for the son's care now. But that's not what happened, so the money became an issue in his medical situation when it was always intended to be in hers.

Incidentally, it didn't really matter that she had signed over the money to the son. If your mom had needed care under Medicaid, they'd have wanted that money she gave your brother spent on her care before they'd have certified her either, there was essentially no point in giving it over to her son unless she planned to wait a really long time before she became ill. Seven years or more would be the going amount of time for a look back now. Shuttling money back and forth into different family members' bank accounts will not keep the Medicaid program from seeing that it is there, that this has been done, and them wanting you to use this money to pay for medical care before Medicaid if it has happened within the last seven years.
 

LdiJ

Senior Member
I'd say, essentially, you can't. He will have to use this money to pay for his care before he qualifies for Medicaid. From the sound of it, he has a sum of money in his savings, which, if he doesn't have to use it all, it can go back to your mom and or other family members. But that's the whole idea of Medicaid, that it takes over when the person needing care cannot self pay. If he, within the last seven years has had this large amount of money in his savings, he must use that to pay for his care, even if you somehow managed at this point to take it out of the savings account.

You folks just mis-guessed who'd have the health crisis. If your mom had kept the money, they wouldn't be asking her to pay for the son's care now. But that's not what happened, so the money became an issue in his medical situation when it was always intended to be in hers.

Incidentally, it didn't really matter that she had signed over the money to the son. If your mom had needed care under Medicaid, they'd have wanted that money she gave your brother spent on her care before they'd have certified her either, there was essentially no point in giving it over to her son unless she planned to wait a really long time before she became ill. Seven years or more would be the going amount of time for a look back now. Shuttling money back and forth into different family members' bank accounts will not keep the Medicaid program from seeing that it is there, that this has been done, and them wanting you to use this money to pay for medical care before Medicaid if it has happened within the last seven years.
When did the lookback period increase from 5 to 7 years?
 
Then if there is any chance of "getting her money back" it would be up to her...not you.

Please have Mom join...Perhaps we can assist her. Thanks..
Yea. I know this I am trying to get her started in the right direction.She is 78 years old and never been on a computer.She is having heart problems and her son is in the hospital.A lot going on right now but I need to get her started in right direction.Thanks
 

Just Blue

Senior Member
Yea. I know this I am trying to get her started in the right direction.She is 78 years old and never been on a computer.She is having heart problems and her son is in the hospital.A lot going on right now but I need to get her started in right direction.Thanks
Ahhh...Perhaps taking her for a consult with a local Estate Attorney might be a big step in the right direction.
 

commentator

Senior Member
When did the lookback period increase from 5 to 7 years?
I stand corrected. Though when telling people about the program and the certification process, they say "about" so many years. It's a broader more general and more accurate statement than five years exactly and then I can qualify. They do a general perusal of finances back in that direction for that time frame. So if it has been five years, and mom was the one who had the health issues, it might've worked out. But the way this is sounding, it hasn't been a whole lot of years since this happened anyhow. And it sounds as though they were trying to divert mom's funds, as the son could certainly have taken care of his mother with power of attorney, with no transfer of her funds necessary and then inherited any money that was left. The people who are doing the son's certification for Medicaid will notice if mom takes that money back, perceive it all as an effort to divest, and it won't be likely to work well. I can't really think of a way to get around it, as any further passing around of the money will be picked up by the agency certifying him for Medicaid.
 
Last edited:
I stand corrected. Though when telling people about the program and the certification process, they say "about" so many years. It's a broader more general and more accurate statement than five years exactly and then I can qualify. They do a general perusal of finances back in that direction for that time frame. So if it has been five years, and mom was the one who had the health issues, it might've worked out. But the way this is sounding, it hasn't been a whole lot of years since this happened anyhow. And it sounds as though they were trying to divert mom's funds, as the son could certainly have taken care of his mother with power of attorney, with no transfer of her funds necessary and then inherited any money that was left. The people who are doing the son's certification for Medicaid will notice if mom takes that money back, perceive it all as an effort to divest, and it won't be likely to work well. I can't really think of a way to get around it, as any further passing around of the money will be picked up by the agency certifying him for Medicaid.
Mamapinson said:
My mom put a large amount of money in my brothers saving account with the understanding that it was hers for care until she passed if anything was left it was his.This was verbal.My brother is now in hospital not of sound mind and applying for Medicaid.They will take this money.How can I stop this?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top