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Q&A: Medicaid Rules
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I just applied for Medicaid for my mom and dad to receive home care. I don't think either of them will move into a nursing home because they have friends and family nearby. My mom is confined to a wheelchair and needs daily assistance with eating and bathing. My dad will be starting dialysis soon. My question is, will Medicaid attach itself to my parents' home if they are receiving home aid? Currently the deed is only in my dad’s name.
I'm a social worker trying to help a man who needs a skilled nursing facility, but who has no money and has been estranged from his wife for 35 years. He needs to apply for Medicaid to pay for the nursing facility, but because he is not "officially" divorced from his spouse, I'm not sure how that would work. The estranged spouse will not give out any financial information. Do you know what the law is in this situation? There doesn't seem to be any policy written for estranged spouses.
My mother went into a nursing home six years ago after she broke her hip. She receives Medicaid benefits. We intended for her to get therapy and return home, but while she was in the nursing home, she was severely injured in a fall and now cannot leave the nursing home. She sued the nursing home and received a little more than $25,000 in a settlement. Now Medicaid wants the money that was awarded to her to pay for her care. How can this happen? It should be illegal. Medicaid should make the nursing home be responsible for their neglect and my mother's health from now forward. Is there any way for my mother to keep this money to be used for her final expenses?
If a Healthy Spouse Marries a Nursing Home Resident, Is the Spouse Entitled to the Resident's Social Security?
What happens if a Medicaid recipient in a nursing home marries a healthy bride? Is the new spouse entitled to any of the nursing home resident's Social Security or pension during his life or can she receive it as a surviving spouse?
Both of my elderly parents are alive, and my father just changed the beneficiary of his IRA account from his wife to his children. Her name is not on the account because she has a separate IRA account. If either parent needs Medicaid in the next five years, would the change of beneficiaries be considered a gift and subject to penalty by Medicaid?
My mother was a Medicaid recipient who passed away in New York City less than a year ago. She owned a co-op apartment that was transferred to me after it went through the probate process. Months later, I received a letter from Medicaid saying that it was putting a lien on the apartment. Can Medicaid do this after the apartment has gone through the process in court?
My mother passed away with no assets -- no house, no life insurance, no savings, etc. What do I need to provide to Medicaid so they stop sending notices about recovering benefits paid to the nursing home? There is nothing to recover.
When My Father Is Admitted to the Hospital, What Do I Do With Extra Money in His Nursing Home Account?
My father is in a nursing home in Florida and receiving Medicaid. When he is admitted to the hospital, the nursing home doesn't deduct money from his account for the days he is not in the nursing home. What am I supposed to do with the additional money in his account? The nursing home typically takes $1,960 from his account monthly, and this month it deducted only $1,074 since he was in the hospital for part of the month.
My husband's grandmother is in a nursing home. She has a house, but there is a bank loan against it that we are paying off. Can Medicaid take the house or does the bank own it until the loan is paid off?
My mom and dad jointly owned a home in Arkansas. My dad just passed away after having to spend some time in a long-term care facility that required him to sign up for Medicaid. The house is falling into disrepair and I would like my mom to move somewhere that requires less maintenance and is closer to family. She can't afford to move without selling her current home. Is she allowed to sell the home or is the state waiting to take it?
Are Uniform Transfers to Minors Act (UTMA) accounts that are owned by a child counted by Medicaid towards a grandfather's eligibility if the grandfather is the custodian? Also, does Medicaid include the grandfather's contributions in the five-year look-back?
Once a Nursing Home Resident Qualifies for Medicaid, Are There Any Rules on the Remaining $2,000 in Assets?
Once a patient in a nursing home reduces assets to qualify for Medicaid, what are the regulations on the remaining cash ($2,000 in my state) in the bank account?
My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that is paid for and the car I drive. The car is in his name, but I make the monthly payments. I have about a year of payments left on this car. Will Medicaid take both of these vehicles, or is the one I drive OK because I'm still paying on it? He owns no other property.
I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?
Can someone on Medicaid allow a grandchild to live in her house and not pay rent, just maintain the home?
If the Community Spouse Dies Before the Medicaid Recipient, Can Medicaid Collect from the Spouse's Estate?
My father-in-law lives at home, while his wife is in a nursing home and has been approved for Medicaid (in Medicaid jargon, my father-in-law is the “community spouse”). He has recently become seriously ill and is not expected to survive his wife. His only asset is a bank account held in his name with his son (my husband). Does Medicaid have a claim to any money left after he passes?
My sister moved from out-of-state to live with our dad and care for him. She lived with him for more than two years, which delayed a move to assisted living. After eventually going into assisted living, he received Medicaid until his death in June 2016. Upon his passing, the Medicaid office notified me, as executor, that there is a lien on the home that will need to be paid. However, we discovered that my sister meets the requirements under the caregiver exception in the Medicaid rules. Can I, as the executor, transfer the house under the caregiver exception and avoid the lien?
Can my mother gift her car to my daughter without worrying about the five-year look-back period if she applies for Medicaid?
We are in the in the process of trying to sell mom's home to help cover her nursing home expenses. Our realtor told us that because of the home's dated condition, we won't be able to get the tax-assessed value. If this is the case, will there be an issue with Medicaid when my mom's money runs out? We are under the impression that we need to sell for no less than the assessed value.
My father is in serious need of nursing home care. However, his pension income is too high for Medicaid, but too low for nursing home costs. Is there anything our family can do?
My mother turned her home and the farm over to me and my two brothers more than seven years ago, but she continued to pay the utilities and taxes on the property. She is now in a nursing home and will be applying for Medicaid within the year. Will the money she spent during the look-back period on taxes and home utilities have to be paid back or count as penalties for Medicaid?
Are U.S. Department of Veterans Affairs (VA) Aid and Attendance pension benefits excludable as countable income for Medicaid eligibility purposes? How about Social Security?
Can Property in an Irrevocable Trust Be Sold or Gifted Without Restarting the Medicaid Look-Back Period?
My parents have an irrevocable trust that contains land, money, and real property. It was set up as part of Medicaid planning. If the trustees sell a part of the land, would it reset the five-year look-back period? Also, does this land have to sell at "market" value or can it sell to family at a discounted price? Finally, could this land simply be gifted without resetting the five-year look-back period?
My mom has an individual whole life insurance policy. Her current policy has a death benefit of $30,000 and no cash value. Medicaid has been paying for her care. When she passes away, will the state be able to take the proceeds from the life insurance that would be paid out to her beneficiaries?
In the settlement of Medicaid claims following the death of a nursing home resident, which debt is considered the superior or higher priority debt? After the sale of a home with an outstanding mortgage, the bank holding the mortgage is supposed to be paid before any other creditors or beneficiaries. But if debts due the state to repay a Medicaid lien are top priority, does the bank loose its status as the superior creditor?
My mother-in-law has recently been diagnosed with Alzheimer's disease. She owns two rental properties that bring in a good income, but not enough to cover the full expense of a nursing home. She can spend down her savings, which should take about a year. After that all she will have left is her two rental properties, which are mortgage-free. Is it possible to pay the nursing home all the income, less what is needed for repairs, and keep the homes in the family? Both homes have been in the family for over 50 years and are in a trust. We live in Oklahoma.
If person has been approved for Medicaid in a long-term care facility, is the family able to supplement the resident's care by paying the difference between the cost of a private and semi-private room and paying for private caregivers to adjunct the care given at the facility? If the answers to those questions are "yes," is there a monthly or annual cap on how much the family can pay?
If a man and a woman live together, but are not married, and the woman applies for Medicaid, would the state count the man's assets or income when determining her eligibility?
My mother died in a nursing home in 2015 while receiving Medicaid. Because she had gifted money in 2011, she had to wait out a penalty period before becoming eligible for Medicaid. She owned nothing at her death. I have an old will but I haven't shared it with anyone because I didn't think I had to due to her having nothing to pass on. The state contacted me with a bill for her nursing home care. Can they make me pay the bill? We live in New Jersey.
If a married couple is on Medicaid and one passes away, causing the survivor's assets to exceed the $2,000 limit (because the survivor begins receiving an increased Social Security benefit), will the survivor lose Medicaid eligibility?
My dad has been in a nursing home for about four years. My brother made payments on my father's house for eight years, and I started making them three years ago. I wanted to pay his house loan off and list him and myself on the title but I am concerned how this will affect my dad. Will Medicaid consider this an asset and stop his Medicaid payments? How am I protected for the payments that I have been making for the last few years? I am paying the loan off so there is no sale of the property for a profit. We cannot afford to have his Medicaid stopped and pay the nursing home so I want to make sure that I am doing the right things.
Four years ago, my mother and father each gave cash gifts to their children. Two years ago, my mother passed away, never entering a long-term care facility or applying for Medicaid. My father may need to apply for Medicaid in the near future. Will the gifts made by my mother play any factor in the five-year look back period for my father? Or is he only responsible for the gifts that he made? Maybe a different way to ask the question is: Are gifts from married spouses given as a couple or as individuals?
Once you put your money in a trust, can you withdraw from it to gift to someone without incurring a Medicaid transfer penalty or without Medicaid’s five-year lookback period starting over on the rest of the money in the trust? We have had two conflicting answers from two elder care attorneys.
How can I find out if Medicaid has a lien on my mother's house in Pennsylvania? She signed some papers that the state can take half of the value of her house. My father was only in the nursing home for six months before he passed. Is there a website to find the lien on the sale of the house? My mother has no idea how to get this information. Please advise.
My mother is in a nursing home and has been on Medicaid for the last year. I am no longer able to pay for the maintenance of her house, and what Medicaid has paid out over the year exceeds the value of the house. Can I sign the house over to the state now and avoid paying upkeep and maintenance costs on the house?
Does the Medicaid "look-back" period apply only to nursing home costs? If an individual transfers assets and applies for Medicaid for home care and other medical expenses, but the individual does not enter a nursing home in the five-year period, will there be a transfer penalty?
A widowed, 82-year-old woman is currently in a nursing home on Medicaid and is up for renewal of her Medicaid eligibility. The woman’s house recently sold. We need to spend down the proceeds to Medicaid’s $2,000 asset threshold. She owned the home with her children, who all received their checks from the sale of the home. The capital gains taxes due from the sale of the house will not be paid before the renewal of Medicaid. What options do we have to keep an amount to cover the taxes and not be penalized? What options do we have to spend down? Is gifting an option? This is in Wisconsin.
My great-aunt recently entered a nursing home due to severe dementia. She owns her home, and I am on the deed as co-owner with right of survivorship. I have been handling her mortgage payments. The mortgage is almost equal to what the house is worth. I want to rent the house to another family member to cover the mortgage, taxes, and operating costs. The nursing home believes that the rent would be income that they are entitled to. I say it is not income as long as it is paying the loans and taxes. Is this true?
I am a little confused. If you have to be in the nursing home and essentially out of money for a Medicaid penalty period to begin, who pays the nursing home during the penalty period? My mom is in need of a nursing home. She was in the habit of giving away money. Suppose Medicaid says she has a penalty period of five months. After she gives all her income and savings to the nursing home, how does the nursing home get paid for those five months?
My husband and I have cared for his mother for two years in our home. She now needs more extensive care and is going to apply for Medicaid. Does the amount of income earned by my husband and me affect her Medicaid qualification?
My father-in-law recently moved into our home after his wife's daughter would no longer look after him. He is 81 and has been blind for eight years. His wife was put into assisted living before he left his home and moved in with us here in Texas. They have been married for 25 years, but have had separate assets the whole time. He only has $5,000 plus his Social Security to his name. We are going to try to get him on Medicaid to get him placed in a nursing home, but we want to know whether her assets will be counted against him?
I understand Medicaid’s five-year look back period and its transfer penalty. Most advice I see says that if money has been gifted, you should not apply for Medicaid until the five-year period has passed. What if the amount of money is only around $25,000? If the penalty period starts once you are approved to receive Medicaid, wouldn't it be better to apply ASAP so the penalty period starts? Or do you have to already be in a nursing home to be approved? The person in question owns nothing and his income is close to poverty level. This person could live at home for several more months with some in-home care, but he won't be able to wait five years. Should his family get his Medicaid application in ASAP?
Does the law counting Continuing Care Retirement Community (CCRC) deposits as assets for Medicaid purposes (if three requirements are met) apply when only the community spouse lives or lived in the CCRC, and the Medicaid applicant does not currently and never did live in the CCRC? In this case, the community spouse would be making the entrance deposit using proceeds from the sale of his home. His wife, the future Medicaid applicant, is already in a nursing facility and will be applying for Medicaid in a year or two. Would the CCRC deposit be a countable asset for the wife/Medicaid applicant if the deposit can only be used to pay for the care of the community spouse (husband)?
What is the time limit for Medicaid to collect from an estate after the death of the patient? For example, how long should we leave a bank account open or keep stock, so they can recoup. It's been over eight months, and we'd like to close these down.
My father has been in a nursing home since April. His Medicaid application was approved and Medicaid is paying for his stay. My mom, who lives in their home, gets to keep his check because she has no income and she cared for him at home for six years. Their home is in a rural area and my sister and I would like her to sell the home and move closer to us and the nursing home so she can visit him every day. My question is, can she sell their home and buy another home without messing up his Medicaid? And if so, how much after the sale and purchase of the new home is she allowed to keep, or how does that work?
If I Pay My Mom's Expenses, Would that Be Considered Repaying a Transfer When She Applies for Medicaid?
My mom transferred $50,000 to me two years ago. If I now pay for part of her assisted living expenses, will the amount I pay be considered repayment (or partial repayment) of the original gift for Medicaid eligibility purposes, assuming she would otherwise qualify for Medicaid within the five-year look back period?
I applied for Medicaid in April for my mother, but the application was not approved until August. The nursing home claimed that it needed to be paid during the delay, so I paid out of my own pocket for those months in between. Now the Medicaid caseworker will only approve my mother's application to begin benefits in August because the rules say that if the nursing home was paid, then the state (Michigan) cannot provide Medicaid benefits for those months. Can Medicaid deny payment for the months that I paid the nursing home? I was just trying to help mom. This is not right!!
My husband is currently ill with cancer and is disabled. If he qualifies for Medicaid to help pay his medical bills for four months or so and then recovers enough to eventually go back to work (even part time) after first being treated, will he have to pay back Medicaid for all the money they spent on his care?
My mom wants to give me money to purchase a house – between $14,000 and $24,000. It is my understanding that if she should decide to go to a nursing home within five years they could come back and take the house. Is there any way around this? This is the inheritance that she wanted to give me. I put money down as a deposit on a home before we found this out. What can we do?
My mom recently became a resident of a nursing home and is hoping to qualify for Medicaid. She has had a trust set up for more than five years for her home and also some stocks and bonds. She is receiving dividends from the stocks and bonds in the trust. Can she stop receiving the dividends and have them reinvested into the stocks and bonds in the trust and not have to report that as income to Medicaid?
My 89-year-old mother-in-law was cut off from Medicaid because she did not fill out some forms. She has been in and out of the hospital the last few months and is now on her deathbed in the hospital. When we called the Medicaid agency and tried to straighten things out, the agency refused to talk to us, saying they have to talk to my mother-in-law directly. When we explained she can't call them, they still wouldn't talk to us. We faxed them the paperwork, signing her name because my wife has power of attorney, but it hasn't done any good. Meantime the bills are piling up. What can we do?
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?
My mother-in-law is widowed and has been bedridden for one-and-a-half years. We currently have live-in help to assist her 24/7 in her own home. We have been paying this person in cash without a detailed paper trail of expenditures. If my mother-in-law needs to be placed in a nursing facility, how will the Medicaid look-back regard the cash payments? Will we be held accountable fiscally for the one-and-a-half years of cash payments for her at-home care?
On the advice of my mother's attorney and because of my mom's advanced dementia, we were encouraged to transfer the title of her home to my sister, my brother, and me equally. My sister's son, moved in with mom over two years ago to provide basic in-home care and security for his grandmother. Over the past several months mom's dementia progressed to the point that she could not take care of her personal hygiene or dress herself. At that point we were encouraged to find a nursing facility with an Alzheimer's wing or section. We selected a reputable place for her and have been paying over $4,400 a month out of pocket toward her $6,400 a month nursing home bill. Her income of $2,000 covers the balance. The house has been on the market for five months with no one interested in buying it. Can we transfer the house to her grandson, as he was her live-in caregiver up to that point? Would he qualify as a "child caregiver”? Are we stuck trying to sell the house with no relief until the house is sold? Can we deed the house to the state? How do we proceed? We live in Georgia.
I own the home my parents live in and I gift to them a combined $26,000 each year. These funds are used to pay their health insurance supplement, long-term care policies, and living expenses. We are looking at moving them to an apartment with services, and if needed they will eventually go into a nursing home. How will this affect their eligibility for Medicaid if and when they ever go into a nursing home? They each receive Social Security, which gives them a combined net income of $1,800 a month. They have no other pension or income and do not own any assets. Because I have been gifting them funds to help support them, will I then be obligated to pay for their nursing home care?
My mother has had financial issues for the past nine years. Over the course of that time, I have: loaned her money (that has yet to be repaid); provided for her room and board for a period of 18 months; and paid for services, supplies, and tools during the renovation of her house. She recently sold the house and purchased a condo. The original understanding was that the condo would be deeded to me to repay me for my expenditures on her behalf. After learning more about the Medicaid look-back, we're concerned that this may jeopardize this plan, as she is starting to get to an age when she could need extended care at any time. Could this repayment bypass the look-back considering it's to satisfy a debt instead of a being a gift?
I received money from a lawsuit and have not transferred it to anyone else. I haven't saved receipts for what I have spent it on. Now I have to go into a nursing home. Will Medicaid penalize me through the five-year look back?
Husband was placed in a nursing home and received Medicaid benefits five years ago. When he went into the nursing home, the husband and wife jointly owned a home. Two years ago, while the husband was still alive, they deeded the house into the wife's name only. The husband died six months ago in the nursing home. The wife now wants to sell the house because she is 89, in poor health, and can no longer maintain it. She has no assets other than the house equity. When she sells the house, will Medicaid recoup half of the sales price? She is very concerned about having enough money to live on.
In spending down assets to qualify for Medicaid, are investments that are the “separate property” of a wife from a previous marriage exempt from inclusion of the assets of the nursing home resident husband? (This is in Colorado, a non-community property state.) Secondly, if the wife transfers money from joint accounts to her own separate accounts, how is that treated? My stepmother transferred $100,000 from her and my dad's joint accounts to her separate account.
My mother established a qualified 529 College Savings program for her two grandchildren. She has terminal brain cancer but lives in assisted living for now. The expectation is that she will eventually require nursing home care. The account owner is my mother, the beneficiaries are her grandchildren, and I, her son, am the successor owner upon her death. If I leave everything the way things are, would Medicaid consider these funds to be countable assets that would put my mother over the $2,000 asset limit? My financial adviser believes I should transfer ownership to me, leaving my kids the beneficiaries. Is the 529 plan a protected asset and exempt from the spend-down and or the look-back period?
My 85-year-old mother lives in Iowa and is in assisted living and on Medicaid after a major stroke four years ago. She has been a widow raising seven children alone since 1966, and has never had any money to speak of in all that time. Her brother recently passed away and left her and her sisters money. It is an amount Mom cannot spend within a month. She does not need anything for her apartment or herself and she cannot travel. She has paid for her funeral arrangements, etc. What can she do so she doesn't lose her Medicaid?
Can a person apply for Medicaid before assets are spent down to below $2,000? Once assets are down to $2,000, who is responsible for paying the nursing home costs while waiting for Medicaid approval -- the wife, the children?
My mother has been in a nursing home for the past three years. When she went to the home I had control of her funds through a power of attorney and have spent almost all of about $350,000 on her care. I did also make an investment that she and I had planned before she became incapacitated that did not work out. We lost roughly $80,000 between the two of us. Will this be held against her for Medicaid purposes? And if she has no money other than Social Security and two small retirement payments, what happens?
Georgia Medicaid put a lien on my mother's home and property as a way to recover the costs incurred by my father's nursing home stay. Will she lose her property? If she leaves the home and property to a child or grandchild, will they inherit the lien as well upon her death? If the property is jointly owned with her child or grandchildren, can Medicaid still take the home and property?
An 87-year-old woman with dementia is in a Medicaid-approved nursing home in Ohio, which allows only $45 a month for personal care. This barely covers hair care. If she needs clothing replaced, does she have to skip hair care? Or hope for gifts?
My father made a revocable trust seven years ago. However, he did not transfer or give his money to me until seven months ago, and I put the money into an annuity. Now my father is facing nursing home placement but he will not be entitled to Medicaid assistance for approximately four and a half years. Is that correct? And the monthly income he has from his pension and Social Security -- should he transfer that to me, his daughter who is his agent under a power of attorney? I am going to take him into my house for now, and hopefully be able to care for him until his death. (We live in Wisconsin.)
My father is in a nursing home and I am starting the Medicaid application process. My sister lent him about $19,000 to help him out of a financial situation prior to 2007. She has documentation to support the loan. Can I repay her from his assets during the Medicaid process or is that considered a gift that would affect his eligibility? He has $20,000 in liquid assets after the funeral benefit, and the nursing home wants him to private pay $16,000. I would rather repay my sister for the loan before the nursing home gets their piece. Can I do this?
My aunt gave me $35,000 to help me buy my house. She lives with me and participates in the payments of bills, maintenance, etc. What do I need to do to help her not to lose her benefits if needed down the road? How will this affect her if she needs services later?
My husband suffers from dementia. He is currently on Medicaid and Medicare and receives $1,800 a month in disability payments. I retired at 62 to take care of him and receive $1,049 a month. He is now in Stage 3 renal failure and will probably need nursing home care in the next year or so. I have two questions: 1) If the nursing home cost exceeds his disability, will I be liable for the difference? and 2) Will I be able to retain any of his disability in order to meet my living expenses?
My mother-in-law is in an assisted living facility. Her funds are diminishing and it is necessary to sell her home to meet her expenses. Her grandchild is interested in purchasing it. If the agreed-upon purchase price is less than the appraised value (due to needed upgrades -- septic and furnace are outdated) and in approximately two years her funds run out and we have to apply for Medicaid, will this be a problem? Since the sale was to a family member, could Medicaid force us to pay the difference between the selling price and the actual appraised value of the home?
My husband was in an Illinois nursing home and had applied for Medicaid but died before he received notification of his eligibility. What happens now regarding eligibility and the payments I made during the “pending” period?
The nursing home has initiated a Medicaid application for my mother but I have not yet been contacted. Her life insurance policy's cash value exceeds Medicaid's $1,500 resource limit. Can I still transfer ownership of the policy?
My husband is in the hospital for assessment with eventual placement in a nursing home. We have $5,180 in checking and no other assets. I see he can have only $2,000 in assets to qualify for Medicaid. To get the amount closer to $2,000, can I buy a portable oxygen concentrator for my own health needs? The concentrator costs $2,695.
tags: Medicaid Rules , Medicare
My mom would like to sell her house and move to a different state near family or possibly even move in with family. Unbeknownst to her, her son who had power of attorney at a time when she was ill, put the house into a Medicaid qualifying trust. She would like to take the money from the sale with her when she moves, perhaps using some of it to help her daughter with a downpayment. Is this possible?
My mother-in-law is on the deed to my wife's and my home. If she moves into a nursing home, will Medicaid try to claim an interest in my home? How can I prevent them from doing this? Must I transfer the interest in the property prior to her moving? She no longer earns an income and does not pay anything towards the mortgage at this point.
My elderly parents would like to sell their home and use some of that money to build a small house on our property to live in. If, down the road, one of them needs to be in a nursing home or starts to run up medical bills, could Medicaid put a lien on our home?
As the agent under a power of attorney for an elderly parent with progressive dementia, is it allowable to move any or all the parent's assets to a fund in my name or my siblings' names with the intent of paying for all costs associated with care until the five-year look back period for Medicaid has passed, with the remainder being protected by the move? Is this considered gifting, and prohibited under the provisions of the power of attorney, if it is consistent with all intents described in the will and revocable trust, and the agent under the power of attorney is also named trustee?
tags: Medicaid Planning, Medicaid Rules, Estate Planning
I am applying for Medicaid for mom, who has been diagnosed with Alzheimer's. Medicaid officials are doing a five-year look back at her finances and they want an explanation and verification for a $2,200 withdrawal three years ago, way before she applied for Medicaid and way before she was diagnosed with Alzheimer's. Can I say she gave the money to her grandchildren as gifts or should I say she bought a bed, mattress and dresser from an estate sale but I have no receipts? She has no money to hire an attorney so I am lost.
My wife and I jointly own my inherited mineral rights and currently receive less than $2,000 a month in royalty income from these properties. If one of us needs to file for Medicaid, how would this asset be treated? How can we protect these assets?
My sister lives with my mom, who has reached the stage where she needs to be in a full-time care facility. My mom owns the house. Will the house have to be sold to cover the costs of her care?
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.
tags: Special Needs Planning, Medicaid Rules
My 80-year-old mother recently moved from New Mexico to Texas because of ongoing health and care issues. She needs to to be in a skilled nursing facility. Since she is not a Texas resident, how will Medicaid work if she requires extended care?
My wife is the owner of a life insurance policy on our daughter. Will the cash value of the life insurance be exempt from our countable assets if I go on Medicaid long-term care?
My mom lives with me. Can she pay her fair share of living expenses without this being considered a transfer should she apply for Medicaid down the road?
Can My Parents Sell Their Home and Pay for Upgrades to Our Home Without Triggering Medicaid's Transfer Rules?
Both my elderly parents need extra help. We are going to sell their house and move them onto my property. We will need to build an addition in order to have space for them. Can they pay for these renovations out of profit from the sale of their home and not have it be subject to the Medicaid laws? The property will be in my name.
My mother-in-law gave $10,000 in savings bonds to each of her children in 2010. She is now confined to a nursing home and is being told the money given for the savings bonds needs to be returned into her account to be used for her care. Does that money need to be returned or can the recipients keep the money?
In 2000, my mother and I purchased a home and we own it as joint tenants with right of survivorship. She needs to go into a nursing facility soon and I am planning to apply for Medicaid for her. What will happen to her house? Will I lose 50 percent of it? I have never lived in the house but my husband and I intend to move there in the next five to seven years. I live in Arizona.
I have a mortgage and a home equity loan outstanding. If I put the house in an irrevocable trust, can I still withdraw from my home equity loan, or will only the trustee be able to make withdrawals?
tags: Estate Planning, Medicaid Rules, Senior Living
At age 62, my mother was diagnosed cancer and began receiving Medicaid from the state of Virginia, including the services of a home caretaker. She is now 66 and in the final stretch of her cancer battle. My father, who is 70, was diagnosed with dementia five years ago. We will apply for a Medicaid caretaker in the coming weeks to help with his needs. Mother and father own a single-family home and the only income they have is my father’s SSI. Will my father’s Medicaid eligibility be affected when he becomes the sole owner of the home? Can I do anything at this point to stop Medicaid from placing a lien on the house that my parents currently own? Is the money spent on my mother's care a debt that Medicaid holds against her?
My father is in a nursing home in Tennessee and was approved for Medicaid. My mother is in an assisted living facility. Their total income for a month is $4,909. From this income, $2,033 will go to my father's nursing facility and Medicaid will pay the balance. Mom's spousal allotment will be $2,931. Her monthy rent at the assisted living facility is $2,800, which leaves $131 for all her other expenses. Her bills alone total $939 a month. I was given the impression that she would be taken care of. What can I do now for her? I cannot take care of her myself because I work a full-time job and am raising a granddaughter. Are there other benefits I could get for her? Or has Medicaid figured incorrectly?
Can I rent out my condo while Medicaid is paying for my long-term health care? I pay a monthly maintenance fee, but have no mortgage. The nursing home already receives my Social Security, Teamster's pension and VA monthly benefit. Will the condo rent be condidered income as well? (I live in Florida.)
My sister-in-law is 61, my mother-in-law is 91. If my sister-in-law leaves her job and becomes the full-time caregiver to her mom, and draws a salary, are there any penalties to the estate?
tags: Medicaid Rules, Senior Living
My father is very ill and may have to be placed in a residential home or long-term psychiatric facility. Will my mother lose his pension and Social Security checks? Without them she will not be able to afford her home, as her own Social Security benefit is only about $500 a month.
tags: Medicaid Rules, Social Security
My mother-in-law is in a nursing home and is mentally and physically incapacitated. She has run out of funds and needs to apply for Medicaid. We do not have a power of attorney or guardianship. We are supplying the information requested by Medicaid for the application. Is it necessary to have a guardianship for her before she can receive Medicaid?
tags: Guardianship/Conservatorship, Medicaid Rules, Estate Planning
My uncle has no children of his own, only three nieces. He is considering gifting each of us $14,000, the maximum amount in 2014 that the IRS allows a taxpayer to gift to another individual without reporting the gift. If my uncle were to enter a nursing home within five years, would we be responsible to pay back the gifts?
My husband, who was in a nursing home, died a few weeks ago. All his medical bills were paid for by Medicaid. Yesterday I recieved a letter from the state about Medicaid repayment. He and I have no property. My only income is from Social Security and I live in HUD assisted senior apartments. Can the state take my Social Security checks? That is the only asset I have to live on.
My mother is currently receiving home care services under New York's Medicaid program. If she takes out a reverse mortgage on her home and gives me some of the money to help me with the downpayment to buy myself a home, will she be disqualified from Medicaid when she recertifies?
If my husband goes into a nursing home and enrolls in Medicaid, will I lose all of his Social Security check?
My sister-in-law has a considerable amount in her IRA. Her husband is in an assisted living facility and she is concerned that he will ultimately require a nursing home. Her main concern is that the state will take away her funds from the IRA if her husband applies for Medicaid. The IRA is only in her name. Can the state attach her money in the IRA?
More than five years ago my mother and I set up a joint bank account. Three years ago I moved the funds to an account in my name only. My mother recently entered a nursing home and applied for Medicaid (in Rhode Island). Would any of this account be subject to clawback?
I have moved my 93-year-old grandmother into my home. Neither my aunt nor my father wanted to take care of her. She is not at the point where she needs full-time medical care, but she needs someone to watch over her on a daily basis. My aunt has been paying me $100 a week for food and essentials, but now is saying that she is cutting off all money to me/my grandmother until she speaks with an elder lawyer. My grandmother, father, and aunt are all on her checking account. Do I have any rights to protect my grandmother and myself financially at this point?
tags: Senior Living, , Medicaid Rules
My mother-in-law passed away recently. She was a permanent resident of a nursing home and was receiving Medicaid and Social Security benefits. At her death, she had no assets other than a small checking account (less than $200, and no one else is listed on the account). There was no will and no named executor. Can Medicaid try to recover funds paid in such a situation?
My father gave his grandson, my son, a total of $20,000 for college tuition over the last four years. Will this money need to be repaid in order for my dad to qualify for Medicaid?
My father-in-law is in a nursing home and is receiving Medicaid benefits. When we had his taxes done this year, he had a refund of $3,000. I know he cannot have more that $2,000 in his account and remain eligible for Medicaid. What do we do at this point?
Can a Pennsylvania resident applying for Medicaid be billed for medical and prescription services while the application is pending? Is there a difference if the original Medicaid application was denied and the patient is waiting for a determination on her appeal?
Will a Spouse's Monetary Gift Jeopardize the Medicaid Eligibility of the Spouse in the Nursing Home?
If the spouse of a nursing home resident gives a monetary gift to her children/grandchildren from her own monthly income, will it jeopardize the Medicaid eligibility of the spouse in the nursing home?
My mom needs to go on Medicaid and has a substantial sum of money in her bank account. What can we legally spend this money on in order for her to still qualify for Medicaid coverage of her nursing home care?
I've been taking care of my grandma for the past two years. She pays me $200 every week. She was recently placed in a nursing home after a fall and may need to file for Medicaid. If she does, will I need to pay back the money I received?
My son has a CD with his Social Security number on it, but my name is on it as well in case something happens to him. I am 70, and if I have to go into a nursing home and apply for Medicaid, can the government take those funds for my care, or is my son safe to leave me on the account? I live in Texas.
Can I borrow money from my family while receiving Medicaid assistance to pay upfront attorney fees and court fees to probate inherited property on a small estate? I would subsequently pay back the loan upon sale of the property and give the remainder to Medicaid to remain qualified for assistance.
We have parents in Florida. The husband is in a nursing home and the wife is still in the house, which is paid off. Can we move them to Indiana and still have Medicaid pay for the nursing home?
My husband is in a nursing home and is on Medicaid. All his income is going to the nursing home except for a small sum to pay for his portion of health insurance and for personal needs. I have a pension and Social Security of my own and my assets are less than the $115,000 resource allowance at the time he applied for Medicaid. My question is: If I have more income and lower expenses, can I save the surplus monies in a savings account even if I eventually have more than $115,000?
Many years ago my mother borrowed money from me – a couple times. She kept notes of what she borrowed. I also helped her pay down a credit card debt. Two years ago I asked her for repayment and she wrote me a check for $2,000 to pay off this debt. Now she is applying for Medicaid. Do I need to pay back this money? We have no paperwork except for the check.
I (50 years old) own one-half of a Florida condominium with my parents, who are residents of Illinois. I live in the condo full time and, up until this year, they were living here part time. This property is not income-producing. How does Medicaid view this asset? Will my parents be able to continue to utilize their income to pay 50 percent of the expenses and will my parents be required to liquidate the asset in order for my father to receive Medicaid benefits? I currently cannot afford to buy them out, so that would mean I would lose my home.
Can you tell me what a "Medicaid-qualifying annuity" is?
If I were approved for Medicaid coverage of my nursing home care, I know they would keep my Social Security and my small pension, but what would happen to the $6,500 balance on my credit card? I have no other assets. Could the credit card company make my children pay?
tags: Senior Living, Medicaid Rules, Estate Planning
Father is in a nursing home with Medicaid paying. Mom is still at home. If my father dies and mom is still in the home, will Medicaid place a lien on the home? Should we have a new will drawn up for my mother changing the beneficiary from my father to her children? Would the house then be hers when my father passes away, since they are co-owners, or would Medicaid be able to take all of the assets if sold, or would they only be able to take his half from the estate?
My mother gave me money in 2009. Now (2013) she is in a nursing home and needs to get Mediciad. Does that money need to go back in her account because of Medicaid's five-year lookback?
I own a house with my 79-year-old mother. Both our names are on the loan that we have had for 15 years. She now is in need of a nursing home, but we still have a mortgage together and I depend on receiving payment for her half of the mortgage -- $600 each month. If she goes into a nursing home, will they leave that amount to pay for her half of the mortgage each month?
My mother went from private pay to Medicaid pay in her nursing home January 1, 2013. She now has zero money and all of her Social Security goes to the nursing home. She has a modest, unoccupied home that I maintain and for which I pay all bills. She gave me power of attorney, so legally I can sell the home. Should I sell the home and effectively turn all of the assets over for her care or wait until her death, at which point Medicaid will take the proceeds from the sale of the home anyway? Also, she is 85 and has late-stage dementia/Alzhheimer's.
I am 75 and my fiance is 82. We would like to get married, but he is afraid that if I would need to be in a nursing home down the road, he might not have enough left to cover the cost of a nursing home if he needed one as well. He is a physician and worth a little over $1 million. This potential problem is keeping us from going ahead with our wedding plans. Is there a solution for us?
My mother is the primary beneficiary of a trust left by my grandfather. She is not a trustee, and my sister and I are secondary beneficiaries. Are the assets in this trust counted as assets by Medicaid?
tags: Medicaid Rules, Estate Planning
Currently, my father is living at home and cared for by myself and my mother. But my mother is panic-stricken about the what ifs of nursing home care and the community spouse. My parents still owe $94,000 on their home. Both are retired teachers. My mother is afraid that if my father ends up in a nursing home, she won't be left with enough to keep the house and enough to live on. She also refuses to contact an elder law attorney because she's afraid it will cost too much. We live in Indiana. Oh, I am also on SSDI myself so I think there is some recourse there too, but I neither understand enough to direct her nor can I afford legal assistance.
My mother is currently on Medicaid. She has Alzheimer's Disease. We have been informed that she will be receiving a inheritance from a recently deceased family member. How does this work with Medicaid? I know that she will no longer will be eligible for Medicaid. But what happens with this money? Do they have the right to monitor her money? Tell us how this money can be used?
Can I Gift My Father Money to Pay His Nursing Home Bills Until the Five-Year Lookback Period Is Over?
My father gifted some rental real estate to me in the neighborhood of $350,000. I have come across the rules on the five-year lookback for Medicaid. My father has had some health problems in the past but he is doing well for now. If he should need to go into a nursing home before the five-year lookback period has ended, could I gift him the money to pay his nursing home bills until the five-year period has ended and then after the five years has ended, he could apply for Medicaid coverage?
My mom died in Massachusetts without a will while she was on Medicaid. My sister's name is on the deed to my mom's house, and she filed probate. Now the state wants my mother's house for reimbursement. Can they take the house if my sister's name is on the deed?
We live in NJ. My dad broke his hip from a car accident, went through therapy, came home to his house, and fell down his steps and broke it again. His house had too many steps so he could no longer live there. We sold my dad's house and used the money as a downpayment on a new ranch style house for myself, my wife, and my dad. We went though an eldercare lawyer who created the deed giving my dad a life estate and my wife and myself ownership after my father's death. My name is the only name on the mortgage. My Dad lived with us for one year and four months. His dementia has really increased, and we had to put him in a nursing home. We are applying him for Medicaid. Any ideas on how Medicaid will treat the life estate?
Mom has Alzheimer's Disease, and I am on her checking account. Mom is living with family, but she will eventually go to a nursing home. I am paying her bills from her checking account. My question regarding the checking account: What does Medicaid look for? Do they check every written check for past five years? What makes them stop and question something? Is it the amount?
My father-in-law is in a nursing home in our small community. Of course he gets social security and a pension. He has had his former employer take out taxes (federal) since his retirement. The nursing home gets all his money (around $2,430), and Medicaid picks up the balance. Medicaid is now telling my husband, that his dad will have to not have the money taken out for taxes, because they want it. We have asked them why, and they tell us his dad doesn't have to pay taxes because he is in a nursing home. Well the federal government is telling us he does have to pay taxes. What can we do?
My mother is in a non-profit nursing home and the nursing home wants my stepfather's pension of less than $100, which I use to pay my travel costs for visiting my mother. My stepfather died before my mother was admitted to the nursing home. Can I refuse to give it to them?
What Are the Medicaid Implications of Sheltering an Alzheimer's Victim's Savings in a Separate Account?
In the case of an elder diagnosed with Alzheimer's, is it acceptable to transfer their savings into a separate account with the names of their children to safeguard the funds? The concern is the possibility of the elder with Alzheimer's having access to withdraw and/or gift the funds without realizing the consequences. Can the funds be maintained in this separate account and only withdrawn and transfered to the elder's normal account for paying their bills, personal needs, care, etc.? If the time should come for nursing home care and Medicaid application, and trackable documented transactions are maintained showing the funds were used for the elder's needs, would the full original transfered amount be considered available funds when determining Medicaid eligibility, or would it be the balance remaining in the account?
My mother gave $30,000 away in 2008. She is now in a nursing home and will apply for Medicaid in about 12 months. Can we "give back" the money? If so, how is it done so as not to appear as a gift? She does not have the funds to cover a disqualification period.
An elder law attorney told me that a $9,000 gift from my father made in 2008 would have to be paid back. His assets will run out soon and so I want to apply for Medicaid on his behalf. Would the gift of $9,000, which falls within the look-back period, disqualify him from receiving Medicaid for roughly two months?
If my daughter pays me for 1% of the value of my property and I make a deed as joint tenant with her -- me as 99% owner and her as 1% owner -- would Medicaid consider that a transfer? Would the property be protected that way?