Auto Accident & Medicaid

[franmurray]

undefinedWhat is the name of your state? MAssachusetts

My sister was in a catastrophic accident that almost killed her. She is currently in a hospital and receiving (minimal) therapy. They are waiting to make her eligible for medicare - resolving some savings accounts. Can we alter the house with her money in anticipation of disability requirements? My parents are orchestrating this, and I am worried about their choice of lawyers. (For example, he recently said that they should just settle for the $20,000 the insurance offered - and that $20,000 was the amount of his fee.) My Dad (75) wants to stay in control of this. I do not want to start a family fight, but I am worried. Any advice? Thank you.

 

[ellencee]

There is a difference between Medicaid and Medicare. Medicaid is probably to which you are referring. Yes, with Medicaid's approval of the expense(s) modification required for fitting the house for permanent disability of the (client) such expenses are considered spending one's money to meet one's medical needs.

Unless your sister has been ruled incompetent or has given her father legal power of attorney over her affairs, your sister remains in control, not her dad and not you.

I suppose it is possible that your sister is receiving $20,000 above and beyond her medical expenses and the designated funds for 'life care' and that the $20,000 is the amount owed to the attorney as his fees.

Your sister can not have $20,000 and qualify for Medicaid.

Medicare eligibility begins after two years of being on SS disability income.

EC

 

[franmurray]

I explained myself poorly. My sister did give power of attorney to my Dad. He is confused about what to do (he is in his late 70s - not that this means he has to be confused), and he is trying to sort out what to do with any savings (@$5000) that she has, since medicaid says you must deplete all funds. For instance - can we use the funds to build a ramp for her on my parents house, etc.

On top of this, my Dad used the attotnry that made his will, who is not an expert in accidents or medicaid. he has done nothing of consequence, but is taking the $20,000 from insurance as a payment.