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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

Daniel Steven

Daniel N. Steven, LLC
Rockville, MD

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Needham Mitnick & Pollack, PLC
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Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA


Last Modified: 07/23/2014

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