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RobEn35 Asked June 2016

Will my gram lose her Medicaid if my dad (POA) transfers property into my brother's name?

My gram owns two lots. One with her home and the other is vacant. She is suffering from severe dementia and has in-home nursing home level care and receiving medicaid to pay for it. My dad lives in the home also and has POA. He has developed severe health issues and can no longer manage the upkeep of both lots. He wants to transfer the empty lot into my brother's name. Would that affect my gram's ability to receive medicaid?

EXPERT Carol Bradley Bursack, CDSGF Jun 2016
I believe that Angel is right. You may want to seek some expert help from an elder law attorney because states differ in some of the ways that these rules are applied.
Good luck
Carol

Angelkw Jun 2016
Yes it will. It will be considered a gift, and will disqualify her from medicaid payment for an amount of time equal to the value of the property.

For example, if the lot is market value of 100,000 and the nursing home is 10,000 a month, gram will be disqualified from medicaid for 10 months.

Assets should be used to pay for her care...and Medicaid has a lien on those lots. After Gram passes they will call in the liens on those properties to cover the care she has received from the taxpayers.

Angel

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RobEn35 Jun 2016
Thank you to both of you. Neither of them are considering the affect on gram and I wanted to be sure I was on the right track. Next stop is an attorney. Again, thank you so much.

jeannegibbs Jun 2016
Rob, make that attorney you see one who specializes in Elder Law. Many lawyers can tell you the tax consequences, etc. but you really need to talk to someone who fully understands the MEDICAID consequences, and how best to handle these things in Gram's best interests.

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