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Q

Can I make medical decisions for my spouse without legal paperwork?

A

No, you must have a Health Care Proxy. No matter how long you have been married to your spouse, you still do not have the legal right to make medical decisions for your spouse according to New York State Law without a Health Care Proxy.

Q

Does Medicaid look at my individual income and assets when evaluating eligibility for my spouse?

A

Yes, Medicaid considers spouses as one and therefore the income and assets of both will be counted and looked at.

Q

How much in assets can be in my name if my spouse is on Medicaid?

A

Outright you can keep approximately $109,000 without Medicaid being able to ask for a penny. Anything above $109,000 Medicaid reserves the right to come back in the future and ask you to contribute for your spouse’s care. However, you can always try to negotiate with Medicaid when they ask for the contribution and most instances (presently) they only ask one time and never again.

Q

What is a Guardianship and when would I need to apply for one?

A

If you have a Power of Attorney or Health Care Proxy over your spouse or parent then you do not need a Guardianship. However, if you don’t have a Power of Attorney or Health Care Proxy and Medical and/or Financial decisions need to be made, then you need to Petition the court to either become a Guardian or appoint a 3rd party Guardian. It is often a timely and costly process and is easily avoidable if one has executed a Power of Attorney or Health Care Proxy.

Q
Can I be eligible for Institutional Medicaid if I own a home and my spouse resides there while I am in the Nursing Home?
A
Yes, your spouse is allowed to reside in the home and Medicaid will not consider it an available asset.

Q
Can I bring my loved one snacks from home?
A
Yes. However, please be sure it is something they can have based on our dietary assessment. If you are not sure please just ask we would be happy to have our Registered Dietitian speak with you.

Q
Can I continue with therapy after I am discharged home?
A
Outpatient Physical, Occupational and Speech Therapy are available at select facilities. We will work with you to set this up prior to discharge.

Q
Can I stay with my loved one overnight?
A
If they are in a private room which cost a little more than a semi private room sure as long as it does not have a negative impact on your loved one. If they are in a semi private room we would need to be sensitive to their roommates wants and needs also.

Q
Can my PCP follow me while I am at a skilled nursing facility?
A
Yes - If your physician is not on staff he may fill out a credentialing packet with the facility and follow you during your stay.

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Disclaimer: The above questions are for informational purposes only. Absolut Care Facilities Management, LLC. (Absolut) has attempted to ensure that the above questions contain correct and accurate information; however Absolut assumes no responsibility for the accuracy of the information.


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