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heartlandcats Asked August 2017

I am currently on medicaid. Can I sell or gift my home to my disabled son?

I am not in a facility. 

GardenArtist Aug 2017
A backup option might be to see what's available through the VA. It does have homes, and given your son's injury (assuming it was service connected), that might be a good backup plan. He might also qualify for in home support.

Contact either your local VA, or a county or state VA office with service officers. Don't go through a nongovernmental, private company that purports to assist you in qualifying, for free. These companies get their money one way or the other, and that way is to inventory your assets as part of the application, then "manage" them, for a fee.

Once he gets a VA primary care team, a social worker will be available to help you identify other options of support.

I don't know whether or not a JAG attorney might also be available, but if so, that's an option for getting advice on transferring your home. Are you near a base with a JAG office? If not, ask the VA SW - there's probably a way they could conference a meeting to discuss the issue.

Good luck.

And please thank your son for his service.

heartlandcats Aug 2017
My son is close to being discharged from the military due to traumatic brain injuries and PTSD. His medical will be covered by the VA. I want to have a place for him to live that is secure and paid for in case something should happen to me.

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jeannegibbs Aug 2017
Yes, as Guestshopadmin says, do get legal advice. The cost will be well worth it. I expect that your son can get the house, perhaps as an inheritance. There are exceptions to Medicaid recovery when there is a disabled son or daughter in the picture. But it is complicated and not a DYI project!

If you are on Medicaid, I don't suppose you have extra money sitting around to use for a lawyer. Is your son getting disability income? Perhaps between you can scrape enough together for a consultation within a few months. It doesn't sound like there is an urgent need this to be done immediately. Wait until you can do it right, with the advice of an attorney who specializes in Elder Law.

Guestshopadmin Aug 2017
You need to consult a lawyer familiar with your state's recovery process. The disabled exemption has specific rules to follow and is not a do it yourself project. If your son is receiving assistance, the gift may disqualify him from Medicaid or other assistance. Get legal advice before you cause any problems.

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