Please help with NY Medicaid Asset Protection

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djbaker1969

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> Background: My mother is 71 years old, she lived by herself in a co-op
> apartment owned in her name. She became quite mentally ill this past spring and
> was taken to the mental ward of a - where she
> has been since the last week of May. She had refused to be medicated and after
> a failed attempt the Hospital finally got a court order to forcibly medicate her
> about 1 month ago. At first the medication improved her condition, however, due
> to side effects the doctor had to cut down the dosage and she has now returned
> to an extremely paranoid, psychotic and delusional state. The doctor has given
> up on her and the hospital has begun an application to have her transferred to
> Pilgrim State - I have been informed this process will take about 3 months. Her
> only income is Social Security of about $900/month and her assets consist of the studio co-op with a FMV of approx $30-$40K, Checking and
> Savings totaling about $10K and a certificate of deposit of about $35K. She
> also has some jewelry in a safe deposit box worth about $300. Her fixed costs
> include the monthly co-op maintenance of $450/mo and health insurance premiums
> of $260/mo.
>
> Questions:
>
> 1. The hospital social worker has repeatedly warned me I'd better get an
> attorney,
>
> I dont understand what an attorney can do for me here, please inform me
> of what may/should be accomplished.
>
> I dont have a power of attorney and assume I cannot get one due to my
> mothers mental health?
>
> Can obtaining a guardianship benefit me in any way, it too late to
> pursue anyway?
>
> How quickly may a guardianship be obtained and how soon until I control her assets?
>
> Can ANY or ALL of my mothers assets be saved from Medicaid?
>
> Do I really have NO choice with regard to where my mother is transferred
- I'd prefer a place in NJ, or a nursing home rather than a scary looking mental hospital. However, money is a problem, she will need to supported by
> Medicaid...I unfortunately live hand to mouth and cannot afford to significantly contribute toward her living costs.
>
> How much are the fees for any of the services you suggest I need?
>
> May any attorney fees be paid directly from my mother's funds or at least reimbursed to me?
>
> >
> Thank you very much for any assistance you may provide.
 
Yes, you should get a guardianship over her.

Yes, it is too late for her to give you a power of attorney.
 
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