If my dad receives a payment now, will that money go to Medicaid?

I promised I would leave the medicaid answer to the Americans on the site, but from my reading the way it works is that Medicaid will stop paying his way until his assets are back below the spend down amount. Is there anything he needs that you can use the money on... a prepaid burial policy perhaps?

He refuses to talk anything about what he wants when he dies.
I get confused about the spend down

Here's another consideration. Even if the buddies get a court judgment against the former customer, there's a long road between that and getting any actual money. If the customer were willing to fork over the money, she's probably have done it already. A judgment won't likely shake it out of her either. If I were him I'd leave this lawsuit alone. Given that he's receiving Medicaid, there's nothing to be gained from it.

Yes, I agree Carla.
Wondering how the lawyer fees are going to be paid ?!!

Yeah, it sounds like a hot mess. If they win the fees will come out of the settlement, if they lose....
Is it too late to take his name off the suit?

Bella, they probably got a lawyer willing to work on "contingency" basis - you pay them a share of the proceeds - could be anywhere from 30-50% share of the receipts. So your father *might* recover 50% of what's left after lawyer and court fees, or less than 25%. Depending on the court they are suing in -- small claims court will sometimes be restricted to $5K recovery or less. I'd be more concerned about being able to explain to Medicaid about the money spent on gas and food for other people when he needs to get re-certified for Medicaid down the line. Buying food and gas for other people unless there is a contract set up is still seen as gifting unless it's coming out of the $90 personal allowance. And if he's got money to pay other folks, why are you picking up the difference? I know you are trying to be a good daughter, but you're really hurting yourself and your marriage in the long run. I've had the conversation from the other side with my husband about his parents - my husband gets super excited if his father even says the words THANK YOU for multiple 90 mile round trips with no offers of gas money, so hubs can help with banking, help with cars, etc. At some point, you're going to have to tell the people at assisted living that your father coming home is "an unsafe discharge" because he does NOT have 24/7 coverage at home. You have really gone above and beyond for your father, he is now at a point where he needs the round-the-clock professional care you can't physically provide.

According to my father, when I ask him about the court case he says, "I don't know, I just know I have a date coming up soon but I don't know when"... I do know at the beginning dad and his buddy went to talk to the lawyer together, and from what my dad says the buddy tells him he has a court date coming up. My dad likes to play dumb about it with me. It was small claims court and I'm pretty sure my dad is into deep on this already to get out.  This buddy needs to give me a call...or better yet, I need to look him up!!    My dad is recuperating at assisted-living from a stroke for heaven sakes!!  He's legally blind and has uncontrolled diabetes and severe neuropathy in his feet with the current ulcer that is not healing !!
When he first went into assisted living my husband and I had to pay first couple of months out of our pocket until his Medicaid kicked in, ever since my dad got there his Social Security check went straight to him in his nail box at AL.  I asked the girl in charge of the residents billing about this and she said I don't know it's really weird, everyone's check comes to the office, I don't know why his went to his mailbox and not the office.   A few days ago I got called to come to the office at AL  because they had my dad's check, for some reason it didn't go to his mailbox.   So now I get to be the one to say hey dad from now on the Office gets your check not you and you only get 90 bucks. He was told this from the beginning of entry there.  He  would have a friend of his pick him up, take him to the bank and he would cash it, deposit $100and stash the rest of the money in his room.  From what I understand he's allowed to have $2000 in his checking, which he doesn't and I know since I get his bank statements and open them up, he can't read them anyway I never did.   The highest amount he's ever had and is checking during this time is $300 and I have seen more he has withdrew some also at different times.  I kept telling my husband there something wrong with this, we need to check on this, I'm worried,...when his room bill would come due it always showed a credit, total Medicaid pending new charges. He moved there in the middle of Aug 2016. Now for the month of April he's getting a charge of $533.46 . Has not deposited one check to his assisted living.  At the top of his April statement it says Medicaid pending $18,945.73 

 Yes, my husband and I have enabled him throughout the years by helping them out and watching him do stupid things.   I guess he thinks since my husband works hard every day and has been pretty successful that we can afford it and since I am just a homemaker that I have the time to cater to him.   When he does come home which is very very close to our home I do not have mentally what I need to take care of him  because of bad choices he continually makes.   He would be set up with Help At Home but he definitely needs more.   I have told the girls nurses etc. assisted-living that I can't handle this when he comes home they kind of look at me out of pity like they don't know what to say.   I did get him a new primary care physician to replace his old one to help manage his care better.   Recently I talk to his original doctor and he said he would help me in evaluating him and telling him he should stay at assisted-living.
 Sorry to ramble   I  feel like I'm in the middle of a tornado messing with my brain

YES!!! THIS A VERY HOT MESS!!!!!!!

Just hope you never signed as responsible party;((
Just wow. At some point they will evict him and go after money not paid to Assisted Living Facility, you understand? Every penny of his income should be paid to assisted living less the $90 personal needs allowance. You may need to get together with lawyer doctor and Adult Protective Services on this. Months?? Yikes!

Thank you for listening 😊

Just saw your post!


Trying to recall the day of sign up and going to AL today to hopefully meet with the Office girl
I'm his POA, so does that mean yes I'm responsible for that bill ? Hmmmm? Yikes is right!

Rest easy Bella you are not responsible for Dad's debts.
Who is taking Dad to the bank and *helping* him make these withdrawals. Is it always the same person? can you talk to this person?
Don't know much about small claims court except what i have seen on TV.
If the lady in questions she has the receipts for payment she may have been told to produce them and that is what the next court date is about. If she has them end of story and don't let Dad pay any legal fees he did not start this and don't you bale him out this time. I don't know if it is possible but find out if you can go to the court and get the date of the next hearing and show up yourself.
I hope you sorted out with the AL what Dad does or does not owe. If he gets a settlement Medicaid will certainly want it. I don't think it will disqualify him they will just take it for past payment .
As far as coming home is concerned, does he own a house? If so Medicaid probably has a lien on it as I assume Mom is not longer living.
Are you and hubby picking up the expenses for the house?
You probably need legal help to sort this one out, sounds as though it will be worth the investment. If the only way to keep dad in AL is to keep your wallet shut tight that is probably what needs to be done.

Regarding his debts, that's good to know!
A good friend of his takes him to town once a week to coffee shop then to the bank when check comes. Yes, I can talk with him but will probably ask my husband to since I'm chicken ****.
His "buddy" convinced him small claims was a good idea which seems unreal my dad agreed to it. In the past dad would never go after money thats due to him...he'd rather let it slide and say, "they must've needed it worse than me".
My parents are divorced and at same AL! Him not collecting $ was only 1 reason for divorce...another long story. Weird having them both there. I'm 54, divorced happened like 42 yrs ago. Too much for my nerves to say the least!
He had a bedbug/mice infested dumpy trailer we had to destroy...the stroke is what got him out of there into Hosp...had to have carotid surgery/rehab...we set him up for respite care at AL in hopes of him staying there. My husband, who has stepped up and being like a brother to me, (I'm only child), told dad we have to destroy the trailer and most of its contents.
My husband promised him he would rebuild him something new (a small like efficiency cabin) and it is almost finished. Husband didn't want to go back on his word and went forward with building it with us knowing that Dad should not come back there. Saying, yeah, you have to get better Dad and listen to the doctors before you can come back. He's a great showtimer!

Yes it's been at our expense...husband was ok with that

Bella hubby is a keeper

❤️️I know, very lucky girl I am
"Thank you"