Note that a transfer of assets--even the home--to a disabled child will not result in a penalty (but be careful that you don't cause the child to lose their OWN eligibility for government benefits. Consider transferring to a special needs trust for the child, instead).
Medicaid has a five year "look back" period. If you transfer assets to someone now and try to qualify for Medicaid within five years, there could be a delay or penalty. Medicaid limits the amount of assets you can have and qualify. This could be reasonable as Medicaid is asking the taxpayers of the country to pick up the tab for an individual's expenses. This can happen after the majority of one's resources have been expended. An Elder Law attorney should be able to guide you through this process. Especially since your daughter is disabled, there may be some special estate planning options available to you.
Find an attorney who specializes in special-needs trusts. I have done this for my son; the trust explicitly states that funds from the trust are not to be used to replace Medicaid or any government assistance programs he may qualify for, but are to provide things Medicaid does not. This trust is the beneficiary of my estate and my life insurance policies. If I do end up going on Medicaid later in life, the estate recovery program cannot take the money.
It's a scary thing to have a disabled child, no matter how old he/she is, so I hope you have a support system in place for her now. I want to advocate for the Home and Community Based System waiver, which provides services for my son. He lives with 2 room-mates, goes to a vocational program each day, and is learning to be independent. It was one of the best gifts I could give him, even though I wanted to keep him at home, take care of him, and keep him wrapped in bubble wrap forever. Best wishes!
You can't give her anything. Every penny will result in a penalty for you if you want Medicaid. If she is already on SSDI, and she inherits something, her benefits will stop until she spends the inheritance down. Don't do it.
Listen to Attorney Heiser, this is his area of expertise and knows what he is saying. That being said you will still most likely need an attorney to help you.
I am going through the same thing as I am disabled and on Medi Cal but I am my mother's POA and will inherit her home along with two other sisters so I do not know how any of this will affect me either. In California there is a woman who use to work for Medi Cal and she works telling individuals what they should or should not do and will help you get on Medi Cal if you need it.
7 Answers
Helpful Newest
First Oldest
First
Definitely see an elder law lawyer that can guide you through the process.
ADVERTISEMENT
It's a scary thing to have a disabled child, no matter how old he/she is, so I hope you have a support system in place for her now. I want to advocate for the Home and Community Based System waiver, which provides services for my son. He lives with 2 room-mates, goes to a vocational program each day, and is learning to be independent. It was one of the best gifts I could give him, even though I wanted to keep him at home, take care of him, and keep him wrapped in bubble wrap forever. Best wishes!
I am going through the same thing as I am disabled and on Medi Cal but I am my mother's POA and will inherit her home along with two other sisters so I do not know how any of this will affect me either. In California there is a woman who use to work for Medi Cal and she works telling individuals what they should or should not do and will help you get on Medi Cal if you need it.
Good Luck to us all!