Help...Just got the check!!

[skiser]

 
Hello, after nine months my mom finally recieved the letter and then the check today!..When I applied back months ago, my mom was diagnosed with dementia and living in an indepentant living facility with her friend. Today, I have the check in hand and she was put in a nursing home on December 1st. She is in the last stages of her vascular dementia. The nursing home helped me file for Medicaid and we are waiting to here about that. I sent a copy of the letter from VA to Medicaid and havent heard anything.
My question is can I deposit the check in her account now? I know that I will probably need to transfer the "Back pay" out of her account because Medicaid says she can only have a balance of less than $1000.00 in her account. Also, I would like to use the money for her burial as she has no assets whatsoever.
Any help would be appreciated....

[skiser]

Need to add something.....My mom received a check for 6000.00. She was put in the nursing home on Dec 1st. I am her POA and helped pay her rent, all medical bills and pharmacy bills before we admitted her to the nursing home. Can I pay myself back with any of the back payment?? I don't want to do anything not legal.

[skiser]

I keep posting to my original post...sorry, I am a newbie!  When I originally filed all the paperwork for mom, I didnt submit form 21-4138 as she could still sign her papers. She can't write at all now so I think I really need to submit this form since they don't recognize POA.. Is that correct?

[vetadmin]

You want to have the 21-0845 on record so the VA can talk to you about the status of the claim.

[vetadmin]

You should pre-pay the nursing home, funeral cost, and if you have proof that the money is owed to you, then you can repay yourself, but much of this is a legal question, which we really can't fully advise you on.

You may only have 30 days to spend the money, which is dictated by what state you live in.  The laws differ from state to state.

[skiser]

Thanks so much for your help!!

[AngelaManz]

You need to be very careful and make sure to call the Medicaid social worker or an elder law attorney if you have questions.  I would consider seeking legal advice before paying yourself back.  There are some very stringent rules about this in Virginia, and probably other states as well.  I would call an elder law attorney in your area to be sure you don't incur a Medicaid penalty.  There are generally quite a few ways that you can preserve money or get reimbursed for your out of pocket expenses, but its better to do it with good advice first.