Elder Law Answers Elder Law Answers

Search Articles

Find Attorneys

Will a Spouse's Monetary Gift Jeopardize the Medicaid Eligibility of the Spouse in the Nursing Home?

  • July 23rd, 2014
Q
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? 
A

No, after the nursing home spouse’s eligibility for Medicaid is established, there is no penalty for gifts made by the community spouse. That said, we would not necessarily know if an individual state applied a non-standard rule, so please confirm this with the Medicaid agency or an elder law attorney in your state.

Local Elder Law Attorneys in Ashburn, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

William Fralin

The Estate Planning & Elder Law Firm PC
Bethesda, MD

John Laster

Law Offices of John L. Laster
Falls Church, VA


Last Modified: 07/23/2014

Learn More

View All Elder Law Topics Questions & Answers State Medicaid Information