In this Elder Law Minute, Wes Coulson discusses the Medicaid “Look-Back” and “Transfer Penalty” rules.
Let’s say that you have healthcare power of attorney for your aging parent and it has become apparent to you that they need to be cared for in a facility, but they are highly resistent to that idea. They just want to stay at home. They just want to die at home. But, you realize that is just not a good option for their care. What can you do?
The first thing I want you to do is look at our video series on handling difficult conversations with seniors about nursing home or other facility placement because the first thing you want to do is to do all you can to get them on board. What happens if that doesn’t succeed? Your healthcare power of attorney does give you the authority to place them in a facility, except that an agent under a healthcare power of attorney serves at the pleasure of the principal. So, if they want to say “I’m not going to do it. You’re fired,” they have the right to do that.
But, if that’s the case, you still have a remedy available and that is to go to court to obtain a guardianship. It’s not anyone’s first choice of how to proceed, but that’s why that legal remedy is there. If you have someone and have a doctor that supports you that says, “Yes, this person for their own well-being needs to be cared for in a facility,” you can go to court to get that done.
We give an awful lot of people an awful lot of advice in handling these situations in a sensible and cost-effective way. So, if you’re facing that circumstance, please give us a call. We really can help.
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“Your Trusted Advisor on the Elder Care Journey”
Coulson Elder Law is dedicated to providing families in the St. Louis area with their Elder Law needs. Our practice areas include Asset Preservation Planning, Veterans Benefits, Medicaid Eligibility, Alzheimer’s Planning, Special Needs Planning, Estate Planning and more. We understand the financial challenges you may face as you and your loved ones grow older. At Coulson Elder Law, our clients’ well-being is our number one priority. For immediate help, call (618) 632-7000 (IL) or (314) 567-9292 (MO), or Contact Us and we will get in touch as soon as possible.