Social Security disbursement to set up burial trust fund

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    My mother in law has been in a nursing home for the last 10 years. Her husband died recently and now I am the representative payee for her Social Security check which I turn over to the nursing home. I want to know if I can use part of her Social Security to set up a burial trust fund for her or whether I have to turn it all over to the nursing home? If so, what do I have to do to make it legal?


    If your mother-in-law is using Medicaid, Medicaid requires you to contribute most of your mother-in-law’s income to her long-term care in the nursing home. She is allowed to keep a small fixed amount of money as a “personal needs allowance” to pay for uncovered medical expenses and for small extras like snacks, subscriptions, and personal products. She must pay the remainder toward her long-term care. You could use that money to set up a burial trust for her. The amount of money that you are allowed to keep each month depends on your state’s rules.

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