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Liberitrules Asked January 2014

Can seniors prepay a personal caregiver agreeent thus making them Medicaid eligible?

Personal caregiver agreement and Medicaid
Is a lawyer needed or an accountant?

EXPERT K. Gabriel Heiser Jan 2014
The answer depends on what state you are in. Some states recognize lump-sum pre-paid Personal Care Contracts, while other states require the care be paid for by ongoing payments only. If the state allows pre-paid lump-sum payments, then all that money will be deemed in exchange for future services to be rendered, thus will not be deemed a penalty-causing gift, for Medicaid eligibility purposes.

pamstegma Jan 2014
NO pre-pay. Spend down the assets on actual care and don't try to hide the assets. Medicaid knows all the tricks that families try to pull. Pull a stunt like that and you will be sorry. Maybe even in jail

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PinkLA Jan 2014
It is called a Life Care Contract. Some states recognize it and others do not. You need to consult an elder law attorney and find out what your particular states laws are for Medicaid.

ferris1 Jan 2014
I do believe you need to ACTUALLY do the work before getting paid. But to be legal, ask what the guidelines are with Medicaid.

picture Jan 2014
Yes. ElderCare Lawyer sets it all up for about $4500 to $8000.
Puts seniors money into a fund that pays the caregiver for a certain amount of hours each month that has to be done. This reduces the senior's income to the allotted amount so Medicaid kicks in. I had an Elder Care Lawyer do it, they do this all the time, is perfectly legal. I learned a alot from this site. And then made my decision on who, which lawyer I wanted to use and the price I wanted to pay.

igloo572 Jan 2014
PinkLA is spot-on on this.

Caregiver contracts are not a DIY project. Get experienced legal.

Labs4me Jan 2014
It is allowed in the state of massachusetts, but should be drafted by an attorney who specializes in medicaid laws.

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