Nursing homes are increasingly aggressive against children and others who received gifts or money from their parents.
The concept is that if you take money from anyone who then winds up in a nursing home on Medicaid (the government), the government or the nursing home can try to get the money back.
In Connecticut, the government pays about $8K per month for nursing home care and it can look back 5 years to recoup transfers.
The private pay rate is about $12K and the nursing home can pursue that amount or the difference between the Medicaid rate and private pay which is $4K per month.
In a recent NY case, Aaron Manor Rehabilitation vs Diogo the Court allowed recovery from the transferee.
If the transfer was done by a competent person who has the money, it is a matter of getting the money back.
If it was under a Power of Attorney, then there is the issue of abuse of the Power and violation of fiduciary duty.
If the transfers are done in a manner which involves stealth, forged signatures or incompetent people, then it can be a criminal matter involving theft of the funds.
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