Does anyone know if a person wanted to 'self-pay' for LTC withdrawing funds from a IRA- Is there a special 'Medicaid' clause in the tax code to allow medicaid funds drawn tax free? Seem to recall something about this but not sure.
BTW- standard IRA, not roth.

I am sorry, I have to ask you if it is truly you wanting to hide the money left over so you can have an inheritance. My apologies if I am wrong, but I have the same problem except it is my sisters who are hiding Moms money from Medicaid and they admittely want it for themselves when mom passes. This is just a sore issue with me. I am currently seeking an attorney but my own funds are limited. I am POA and neither sister will tell me the whereabouts of moms money.

I work for an elderlaw attorney in Florida. I would not use a Medicaid annuity as if she has to go into a nursing home before the 5 years then all of those monthly income funds would go to the nursing home and upon her death then Medicaid would get all of those funds. There are Personal Services Contracts and Rental Real estate that you can use. Never ever try to do this all yourself. It is well worth the one month's fee of a nursing home to have an attorney figure all of this out for you. An attorney can save you about 72,0000.00 dollars a year in her care. Best seek out a certified Elderlaw attorney now so you can plan ahead. You also need to thing about how things are titled in the event she passes (will it go through probate?) We consider everything now, during and after in our practice. Good luck.

I can't believe that you would even ask such a thing online! In case you are not aware...... Itis against the law to hide money from Medicaid. When you sign to accecpt assistance from the state/government, you agree to certain terms. 1- is that any money over the limits for that particular state must be told to the state, and is cause for disqualifacation/dismissal from the program. If you deliberately hide money you could be required to pay the money back, and face possible fraud charges,and sentenced to jail. Now,.... are you sure you want to ask that question again? You need to figure this out on your own.

Dad is already on Medicaid, and I had to quickly spend down their assets to qualify (without legal advice). Every dollar was used to pay back legitimate debts, save one: $11,000.00 remaining on a home equity loan. Mom is the community spouse (living elsewhere). She has a PG/conservator. Dad and his guardian each receive $60.00 a month from his SS income. How do I legally protect Dad's 1/2 interest in the home, and contents, from those who wish to disburse/diminish/dissolve/distribute them?

Each state has different laws but in some states you can keep the home property from being considered part of the person's estate and therefore not subject to liens like Medicaid would have against the estate by making a survivorship deed where upon the person's death it immediately transfers to someone. I think you would still need to do this 5 years before needing to ask for Medicaid assistance. That is why estate planning is so important.