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 Mindy Felinton
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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Meet Samantha Fredieu
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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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Meet Judith Mitnick
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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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