Instead of giving away 100% and winding up with nothing for your family members as explained above, you give them 50% now and keep the other 50%. But if you stop there, you won't qualify for Medicaid because you have too much money: remember, you can only have $2,000 in countable assets, not $50,000!
So you'd have to spend that $50,000 on your care until it's gone, and then you can apply for Medicaid. But at that point you would find out that the gift you made 10 months ago counts against you (as do all gifts you made within the last 5 years, as a general rule), forcing your kids once again to pay for you till the $50,000 you gave them is gone. Hmmm; not any better than the first approach...
But wait, there's another twist in this that must be followed for it to work. Since the penalty period only starts running if you are otherwise eligible for Medicaid but for the gift penalty, you must make the $50,000 you kept "disappear," somehow. No, hiding it and lying to the Medicaid workers is not what I had in mind. That will only get you a huge fine and some time in prison; the food in the nursing home will start to look good to you in comparison!
The trick is to take that $50,000 you kept and purchase a Medicaid annuity, as described in Part 1. Then you should immediately apply for Medicaid. You won't qualify, because of the gift you just made, but since you are now broke, the penalty will start running. That means that you must somehow cover your own nursing home expenses for the next 10 months. That's where the annuity comes in: hopefully you purchased one that will pay you enough each month to cover your monthly expenses just for the penalty period. Ideally, the annuity payments stop at the exact moment that your Medicaid eligibility starts. Result: your children have an extra $50,000 they would not have had, had you done nothing. (And you stayed out of prison!)
Now, folks, this sounds simple, but let me warn you: Don't try this on your own, without competent legal advice! There are a number of details that I omitted, for simplification, and the rules of each state vary on exactly how this can be implemented. Nonetheless, it can be a powerful technique to save your family many thousands of dollars, in the right circumstances.
K. Gabriel Heiser is an elder law attorney and author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets."
Read his full biography