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Old 02-26-2015, 07:34 AM
 
683 posts, read 216,944 times
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Hello. My mother has been in a nursing home/rehab type of place for over a year in New Jersey. She and my father separate years ago, but never divorced. (both are in their 80s)

I believe the facility has taken her savings and are now receiving her social security and her pension, which probably amounts to about $28,000 a year.

Question: Can they come after my father's money? His savings aren't that much either, and if they take it, they take it. Can they take his pension and social security? I'm guestimating that combined the ss and pension is probably around $30K a year.

If they do take that, how does he pay his rent, etc?

Final question.

Can they take any money from the children (we are in our 50s)

Thank you very much.
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Old 02-26-2015, 07:40 AM
 
Location: in the miseries
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Depends upon the state.
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Old 02-26-2015, 07:42 AM
 
683 posts, read 216,944 times
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The state is New Jersey.
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Old 02-26-2015, 07:48 AM
 
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Medicaid's Power to Recoup Benefits Paid: Estate Recovery and Liens | ElderLawAnswers

Spouses of Medicaid Long-Term Care Recipients

You might find some answers here.
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Old 02-26-2015, 11:12 AM
 
Location: SW Florida
9,757 posts, read 7,035,798 times
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And some other considerations here:


Northwestern MutualVoice: Who Will Pay For Mom's Or Dad's Nursing Home Bill? Filial Support Laws And Long-Term Care - Forbes


The OP's concerns besides the nursing home (or Medicaid) taking any savings the parents may have include filial responsibility laws for her parents' expenses.
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Old 02-26-2015, 11:21 AM
 
Location: Syracuse IS Central New York.
8,516 posts, read 3,952,376 times
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Consult a good elder law attorney.
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Old 02-26-2015, 02:22 PM
 
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Your father is what Medicaid calls a "community spouse", i.e. they are legally married but he does not reside with her in the facility.

Here's a 2011 article specific to NJ. I don't know if the information is still current. Most likely the nursing home has someone on staff who can answer your question but it may make you feel more comfortable to consult an outside source.

The article states:

Quote:
A basic rule for all Medicaid recipients is: only the income of the Medicaid applicant pays for care in a nursing facility.

Alternatively, a community spouse will always retain his or her own income, no matter how extensive.
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