Asked in Elder Law for New York

Q: Dr wants to transfer brother from hospital to nursing home. Dementia. How can he keep the 11 thousand he has in bank?

He is mild-moderate but knows he has some money. He has asked me to take it out the bank and save it for him. I am his POA. Is this allowed? They're going to take his social security and pension I know but what's in the bank is all he's got.

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1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: The acts you are allowed to perform on behalf of your brother, such as banking transactions, personal and family maintenance, financial matters, etc., are delineated in the Power of Attorney form he signed. That said, you cannot perpetrate a fraud on either Medicare or Medicaid and misrepresent the assets of your brother. Best to speak with an experienced elder law attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

Tim Akpinar agrees with this answer

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