Currently, my father is living at home and cared for by myself and my mother. But my mother is panic-stricken about...Read more
For Medicaid transfer purposes, the gifts of a spouse are treated exactly the same as gifts made by an applicant for benefits, so if your mother were still living, her gifts would affect your father’s eligibility. However, the death of the spouse could open up a gray area because it is, in effect, a gift by an ex-spouse or a former spouse. It raises the question of what would happen if the spouses divorced and whether that should be treated any different from the death of a spouse. The answer to these questions will depend on individual state application of the rules. It's best that you consult with a local elder law attorney. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys. Also, take a look at the actual Medicaid application and see how the question about transfers is phrased. Always answer truthfully, but don’t offer information they don’t request. Finally, given that the gifts occurred four years ago, could you wait another year before applying for benefits for your father? Then you would not have to report the transfers at all.
For more information on Medicaid transfers, click here.
Local Elder Law Attorneys in Ashburn, VA
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
Medicaid Rules, etc