Elder Law Answers
The Use of Immediate Annuities in Medicaid Planning for Married Couples
Immediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid.
Read moreWill 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.