K. Gabriel Heiser is an attorney with over 25 years of experience in elder law and estate planning. He is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson.

Answers

Question

Can someone gift me a large amount of money to spend on my mother without my mother losing public benefits?


You need not worry about affecting your mother's eligibility for government benefits if the money goes to you vs directly to your... see more

Question

Mother in law divided her money between her two sons three years ago. One son spent the money. Anyone dealing...


If MIL needs to apply for Medicaid within the next two years, the full penalty period may well exceed that two-year period, depending on... see more

Question

Any advice on a banking question for Dad's estate planning?


Be sure you are on the bank account as an "or" joint owner. That gives you immediate access to the account both now (while Dad is... see more

Question

I would like to know if there are any good ways to help in remembering all the dates, passwords and login user...


I use a program called LastPass to automatically fill in my passwords. It is great! But sometimes it balks, for whatever reason, so of... see more

Question

Who gets paid first when a house is sold, Medicaid or Reverse Mortgage?


You are correct that once your mom is absent from the home for 12 months, the reverse mortgage lender must be repaid, typically requiring a... see more

Question

Any advice on the best way to repay transfers to become Medicaid eligible?


Repaying the gifts to you before applying for Medicaid is a good idea. If fully repaid before you apply, such gifts will not count against... see more

Question

As the sole caregiver for my Mother (96), would money received under a care agreement render ME ineligible for...


Yes, for Medicaid purposes the income from the Caregiver agreement would be added to your other income in determining your Medicaid... see more

Question

Downsizing and Medicaid; Will buying a smaller place so there won't be a mortgage adversely affect my husband'...


The home (up to a value of at least $572,000 in 2018) is an exempt asset regardless of which spouse owns it. It is better that it is in... see more

Question

What would you say are the most important questions to ask in deciding on a competent elder law attorney?


I devote about 5 pages to how to find a good elder law attorney in my book, "How to Protect Your Family's Assets from Devastating... see more

Question

How much money can Dad put aside that the nursing home and Medicaid can’t take, $2000?


Yes, an applicant for Medicaid can have up to $2,000 in countable assets (i.e., plus a car of any value, a home, personal items, pre-paid... see more

Question

Medicare eligibility and deferral, how do I avoid a penalty?


This may help: medicare.gov/sign-up-change-plans/get-parts-a-and-b/employer-coverage/i-have-employer-coverage.html

Question

How do you save your home if your spouse has to go into a memory care facility?


As others have stated, Medicaid planning is not a a do-it-yourself task, because of the complexities of both the federal and state laws,... see more

Question

Is private pay for care a spend-down expense?


Yes, any legitimate expenditure that benefits the future Medicaid applicant is a legitimate use of the funds, and will count as part of the... see more

Question

What defines “giving away money” that disqualifies a person for Medicaid?


If a person who wishes to apply for Medicaid for a nursing home stay makes a transfer of any asset, without it being in exchange for... see more

Question

What are the processes to follow in sending my mother in law to a nursing home?


Definitely do NOT sell the condo yet! In some states, it is possible to create a deed that will allow transfer to children (or others)... see more

Question

If my father qualifies for Medicaid, will I be impacted?


I wrote an article for AgingCare.com about filial responsibility laws and their impact on Medicaid reimbursement, here:... see more

Question

My mother just passed away, but had a reverse mortgage. If I'm supposed to take it over, how do I release my s...


The mortgage must be paid off following the death of the last homeowner (e.g., if a married couple took out the loan). There is no... see more

Question

Is there any benefit to putting the house in my name now, before my mother passes?


If you continue to care for your mother for the two years before she enters a nursing home, and such care can be documented to show that... see more

Question

My mother is in a nursing home that's trying to get her on Medicaid. How can I get her accounts under the $2,0...


It is not the withdrawal that causes problems, it is how it is spent. As long as the withdrawn money is spent on your mother, it is not a... see more

Question

Do we have to notify the old POA for the new one to become active?


It is certainly possible to have more than one POA in place at the same time. Thus, to avoid confusion, it is best to (i) revoke all prior... see more

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