Lenoir City, TN asked in Elder Law for Ohio

Q: My mother is in a nursing home in Ohio due to Alzheimers

I am her POA for her durable Financial Power of Attorney. In it it states I can gift money from her estate to any family member including myself. If that is done will it effect anything if she has to go on medicaid? Also, can a Durable POA and/or Medical POA be paid without it effecting anything, if she has to go on medicaid?

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1 Lawyer Answer
Moshe Toron
Moshe Toron
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Any gift will affect her ability to qualify for nursing home Medicaid in the next 5 years.

If you want to get paid as POA, someone will need to write up a comprehensive agreement BEFOREHAND in writing laying out the details of what you are doing and how much you are being paid. Otherwise, Medicaid will probably consider the payments to be a gift that will affect her ability to qualify for nursing home Medicaid in the next 5 years.

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