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My father passed away Nov. 19, 2020. My wife and I requested that they release his funds that were held in a trust fund for his everyday needs. We wanted to use those funds towards his funeral and burial cost. They denied our request and told us that Medicare confiscated such funds to recover the cost of nursing care, for which I did some research, and uncovered that such results were not factual or true. This is where I find myself at this moment, with them giving me the round around. I am confused and need some advice on how can I resolve this matter.

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https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-0025.htm

The PNA belongs to the resident. When they pass it becomes part of their estate. It does not revert back to Medicaid and cannot be used for the residents care. You need to call Social Services and tell them that the NH is refusing to to give you the money. I needed a short certificate from Probate to get Moms money. (POAs are void after death) The PNA and any money left from spend down go into her estate account. Don't let anyone tell you they go back to Medicaid.
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Tell them what you have learned from your research. Then tell them they have one week to notify you of their plan of action or you will go to an elder law attorney and file fraud charges against them. You may want to consider an ombudsman first to see if there is an easier way. If they are lying this is fraud. You will, of course, need to have the legal executor of estate take charge of the funds. They will not give your father's funds to just any family member who asks for them.
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The resident trust account has nothing to do with the bill for the person's care. That money is put into the account privately (not by Medicaid or Medicare) and it is for such things as sundries, hair cuts, finger/toe nail care, shaves for men, etc...and other services that are not covered by the bill for skilled care and room and board.
The "business" end of all nursing homes lie and pull very shady, underhanded things. They always think any money left in a resident trust account is a parting gift for them. Like they don't get every penny they're owed and then some. If they're claiming Medicare confiscated that money, well that is easy enough for you to check on by calling Medicare. The resident trust accounts are not part of the nursing home's billing department. They are separate because they are for needs not covered by Medicare or any other insurance.
When you speak to Medicare request they send you written documentation that they did not collect that money. They will do it.
Then demand the nursing home refund that money. If they continue to give you the run around, contact your state's Ombudsman and even your state's Attorney General if you have to. You might have to do a bit of legwork, but you'll get it back if you don't let it go with these people. Don't let it go.
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Geaton777 Mar 2021
Would it make a difference if the county was father's guardian?
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I think you mean Medicaid, not Medicare. I think the NH is telling you the truth, that the funds went towards the significant cost for your father's care. My MIL's facility only allows about $250 dollars in the trust account. How much do you think there was in his account? I'm sorry for your loss, I hope you can have peace about the use of the funds.
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