Elder Law Answers
Qualifying for Supplemental Security Income (SSI) After a Transfer of Assets
If your resources are above the Supplemental Security Income (SSI) program’s resource limits of $2,000 for an i...
Read moreWill a $9,000 Gift Delay Dad's Qualifying for Medicaid?
- August 27th, 2013
Q
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?
A
Yes. All gifts made during the five years prior to an application for Medicaid must be reported. Such gifts will cause a period of ineligibility based on the state's calculation of the average cost of nursing home care. If your state has determined that the average cost is $4,500 a month, then a transfer of $9,000 would cause two months of ineligibility, which does not begin until your father's other assets have been spent down. You can reverse the penalty by returning the money, or you can pay for the nursing home privately for those two months.
Local Elder Law Attorneys in Ashburn, VA
Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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Jean Ball
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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