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

  • July 23rd, 2014
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? 

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

William Fralin

The Estate Planning & Elder Law Firm PC
Bethesda, MD

Samantha Fredieu

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Evan Farr

Farr Law Firm
Fairfax, VA

Last Modified: 07/23/2014

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