The father entered a nursing home in February of 2001 with his son acting as attorney-in-fact. The father’s social security income was $750 and his pension was approximately $1,100 per month. During the summer of 2001, the son applied for Medicaid on his father’s behalf and his father was deemed eligible. Soon, the son began depositing his father’s pension and social security checks into a joint account he held with his dad. He made two payments to the nursing home in September and October of 2001, but failed to pay thereafter. A New Hampshire court has remanded the case, stating that a rational jury could have found beyond a reasonable doubt that the son had misappropriated the funds for his own use.
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