Aurora, IL asked in Estate Planning and Probate for Indiana

Q: My mother's assests after former partner death. I'm my mother POA and run her finances while she's in the nursing

So my mother is in a nursing home and on Medicaid. The nursing home itself revives her social security check, and I was delivering her retirement from Chrysler. She receives this because her ex husband work there and they were married 40+ years. He recently passed away and her payments from Chrysler have ended but she is to recover a lump sum. Now my siblings are asking if that money can be gifted or reserved for her final expensives. This would help a lot, but have no idea how realistic this is or how much she'll receive yet

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: That is actually a really good idea. As soon as the lump sum is received you can use it to purchase a prepaid funeral plan. But you should check with an Indiana elder law attorney as to whether there is any limit on how much can be deployed in that fashion and still be considered a noncountable asset. If you will have funds left over there are other strategies that can be used to spend the funds and still maintain Medicaid eligibility. You should discuss all of this with an elder law attorney.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.