Q: I am looking to find out, as my sister's POA, on how to handle a settlement from a class action suit.
My sister, who is in an assisted living facility and on medicaid, will be getting part of a settlement of a class action suit from the village she lived in before moving to the living facility. Our mom lived with her and got sick drinking the water in their condo and filed with the class action suit on her behalf. Our mom since died so my sister and I will be getting the money. It is suppose to be $16000.00 a piece but Medicare is holding us up because they think our mom died from this situation and wants to get claims reimbursed but the class action lawyers are working on the proof of it not being the case. If we do not win, we should see about $5000.00 a piece. What has to be done when she receives either of these amounts according to Illinois Medicaid guidelines?
A: I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further. Please note, this is not legal advice and we have not established an attorney/client relationship.
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