If my elderly uncle wants to give out his money to relatives, is this medicare/medicaid fraud?

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If my elderly uncle wants to give out his money to relatives, is this medicare/medicaid fraud?

Healthy 86 year-old uncle (wife just passed) wants to help out family members financially. My brother is POA and says everything he spends on now has to be accounted for and have receipts. He says that it could be looked upon as medicare/medicaid fraud and he is just getting rid of his money. The money can only be spent on him and his well being. My uncle has over $200,000 in his money market not to mention his house and life insurance policies. I spend about 25 hours a week caring for him. Couldn’t he pay me to help disperse his money?

Asked on September 27, 2010 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am assuming that because of his age that he is on medicare.  But is he on medicaid?  If he is not on medicaid then how can it be medicaid fraud?  Generally, it is his money and unless the POA is really a guardianship because he is incompetant, he can terminate the POA at any time and do as he pleases with the money. What should really happen here is someone should take him to as estate planner and figure out the best things to do with the remainder of his estate.  Posibly a trust, possibly giving away the money in his lifetime.  And yes, you should ask to be compensated for your time in caring for him.   You do not need your brother's permission to take him to an estate planner so don't let that hold you back.  Good luck. 


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