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Read moreHow Will a Gift to Charity Affect My Medicaid Application?
- June 22nd, 2015
Q
Is a charitable gift to a community foundation subject to Medicaid look-back? I would like to give some money to a local foundation so they can set up a fund to distribute grants to certain area charities. If I have to apply for Medicaid to pay for a nursing home within five years of donating the money, will the gift affect my application?
A
Gifts to charity can affect your Medicaid application. Medicaid looks at all transfers made in the five years before you apply. If you transferred assets for less than fair market value, Medicaid can impose a penalty period—a time when you are ineligible for Medicaid benefits. There is no exception for charitable giving, but if you can show a pattern of charitable giving, you may be able to prove that the transfer to the charity was made for a reason other than to qualify for Medicaid. But states differ in the way they treat transfers. Before transferring any money, we strongly suggest you consult with an elder law attorney in your state to find out how your state Medicaid agency usually treats charitable giving. Here is a directory of attorneys: http://www.elderlawanswers.com/elder-law-attorneys.
For more information on Medicaid’s asset transfer rules, click here.
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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Samantha Fredieu
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
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Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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Meet Jeffrey Hammond
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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