Help! Need someone who is knowledgeable on NY versus NJ Medicaid

[elisa sheftic]

Jurisdiction

New Jersey

I could really use some help...
Both my parents are in their late 80s and applying to Medicaid.
in NJ. My dad was 5 years on Medicaid in NY but moved to NJ facility two weeks ago so he can be near me. My mom was in hospital and I moved her to the same facility same day. My mom is on Medicare not Medicaid and is on short term for 100 days and using her AARP insurance for co-payment.
Only assets: House and annuity

When I moved my dad to the nursing home they said he would be approved for Medicaid in NJ retro form date of admissions since he was on Medicaid in NY for 5 years.
1)But now the nursing home they have been at for 2 weeks just handed me an $18K bill for my dad and wants me to liquidate his annuity but in my research it shows they can keep the income if they leave the annuity principal to medicaid. Is that correct?
2) Should I hurry to sell their house and will they be able to keep any of it?
3) They owe like $25k in credit cards. $90K to home equity loan.
Should I pay off credit cards?
Or pay the home equity line?
Or nursing home?

I'm so stressed out. They dont have much assets left but I want to do right by them. I have been calling around and no one can give me an answer without meeting in person and a consultation fee. I have no problem engaging a lawyer if some of their assets can be preserved but need these questions answered ASAP.

 

[army judge]

1)But now the nursing home they have been at for 2 weeks just handed me an $18K bill for my dad and wants me to liquidate his annuity but in my research it shows they can keep the income if they leave the annuity principal to medicaid. Is that correct?
2) Should I hurry to sell their house and will they be able to keep any of it?
3) They owe like $25k in credit cards. $90K to home equity loan.
Should I pay off credit cards?
Or pay the home equity line?
Or nursing home?

You are NOT under any legal obligation for the medical expenses acquired by your parents.

I suggest you do none of the things in your list of questions.

In fact, you legally can't do any of those things anyway, unless you have been appointed the legal guardian of your mother and father.

Before you do anything, I suggest you talk to your parents, IF their health permits.

 

[elisa sheftic]

I should note that I have POA, both have alzheimers and I would pay the bill out of their account once the house sells.

 

[army judge]

I should note that I have POA, both have alzheimers and I would pay the bill out of their account once the house sells.

I didn't mention POA for a specific reason.

No entity, enterprise, or business has to accept or honor a POA.

I suggest you discuss obtaining LEGAL GUARDIANSHIP of your parents with an attorney.

My mother, my mother-in-law, and father-in-law all succumbed to that dehumanizing disease.

If you wish to become the conservator of their affairs, you'll require legal guardianship.

I assisted one of my siblings in becoming the legal guardian of our mother because our father had previously passed.

I also assisted one of my wife's siblings in becoming the legal guardian for their mother, and eventually their father.

My spouse and I decided to stay as far away from their estates as possible.

Death, illness, and greed are powerful emotions which drive some people behave to uncivilly.

If you're also trying to save their assets, and seek governmental assistance, at this point it's probably too late.

However, you'll learn more after conferring with a couple attorneys.