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She died recently and her 2 sons are on the bank book. Can Medicare or Medicaid take the money from her sons to pay for the father's care???

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Where is your dad’s SS check being deposited? In this same checking account or already to the NH? How long has dad been in the NH?
It could be this was just mom’s money. Her SS and her portion of their savings that she was receiving as community spouse??
Its important to sort this out because if Dad is the heir of mom’s savings, then this inheritance could throw dad’s assets over the allowable amount for Medicaid and he could lose his benefits. This could be a problem. The money would need to be spent down on dad to the allowable level etc.
OR Since the brothers names are on the account they might be the owners? I don’t think there is enough information here to answer your question.
Was your dad recently in the hospital and recently went to the NH for rehab? Was he in the NH on private pay?
You say “when she places him in the NH” which sounds like he isn’t in the NH yet and then you say she recently died....So is dad in the NH?
Need more information.
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It depends when Mom changed the accounts. If within the five year lookback, I'd say the money is Dad's. If older than the five years, then brothers may own the money. But to be honest, that money should be for Dad's care. I would not spend any of it until you check with Medicaid.
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Medicare won’t pay for the nursing home.
i think you mean Medicaid? If he goes in to a nursing home permanently, it will be Medicaid that would pay not Medicare. Taking your dads name off accounts isn’t going to shield the money from Medicaid. They are married so Medicaid considers all assets joint assets. Now Medicaid won’t leave your mom impoverished, she’ll be allowed to keep her income and enough of your dads to live off of. But if they have any assets, even if dads name has been removed, Medicaid may require the assets to be split and your dads half used on his care. It will all depend on how much their assets are, the amount your mom can keep depends on the state she lives in. It would be a good idea to see an attorney that specializes in Medicaid planning because your mom may end up making some bad mistakes if she’s trying to shield assets & expecting Medicaid to pay for your dads care.
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FloridaDD Mar 2020
Unless I am reading this wrong, the mother is now dead (died recently)  I think if the money was moved to her within the last 5 years, there can be a penalty period.
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