Elder Law Answers
Crummey Trusts: A Way to More Safely Give Gifts to Children
Many parents and grandparents want to pass their wealth to their children while they are still alive. A "Crummey" trust pr...
Read moreIs There a Way to Receive a Car Crash Settlement and Still Preserve Medicaid?
- December 2nd, 2014
Q
My mother was involved in a car crash caused by an uninsured driver and has been awarded a reasonable sum by her own car insurance. Currently she is on Medicaid and needs daily care due to the accident. But if she recieves any of the insurance money, she will lose her coverage and daily care. Do you have any advice on how to deal with this situation? Ideally she would receive the money to buy a low-cost property to reduce her monthly expenses and move to a more hospitable environment.
A
Your mother may be able to stay on Medicaid and protect the proceeds through a (d)(4)(A) or (d)(4)(C) trust, depending on her age and what’s available in her state. You or her personal injury attorney need to consult with a local attorney who specializes in settlement planning issues. You can find such an attorney on our sister site at www.specialneedsanswers.com.
For more about (d)(4)(A) trusts (in this case also known as a "first-party trust," click here.
For more about (d)(4)(C) trusts (also called "pooled trusts"), click here.
Last Modified: 12/02/2014