My husband and I are legally separated. When his son applies for Medicaid on his Dad's behalf, how will that affect my assets?

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Our house was signed over to me by my husband with a quit claim deed two years ago. His son is his DPOA & Health Care POA. He & I are on the same page with his Dad's care. We've been separated for two years; all money was divided in half and house was transferred to me with a quit claim deed, husband gave up all rights, interests to the house. Will I lose anything when medicaid is applied for since the look back is 5 years and we've been separated for two years?

Also, we share health insurance. When he qualifies for medicaid, can I still be on the health insurance. We both pay for the insurance at this time.

I'd appreciate any advice. Thank you.

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You have to be divorced with a court order on property settlement in order for Medicaid NOT to consider your assets as part of his assets. Technically since you are married, you are the "community spouse" for Medicaid. The whole system for community spouse situations for Medicaid can get somewhat complex and you are best having a elder law attorney (and I'd get one that is NAELA) review your situation BEFORE the son does and submits an application for dad. For community spouse, Medicaid does a "snapshot" day in which the assets of the couple are fixed based on that day…so if you need to move funds around, or pay off things like pay off a mortgage to get the asset pool under the CS limits (usually this is 113K in nonexempt assets for the CS), all this has to be be done BEFORE the application is submitted.

Dennis' point # 3 is especially important….he is not your son, he is dad's son only correct? Well this could get very sticky. Although things may be all kum-ba-ya right now, it all could change if Dad's Medicaid application is declined and Sonny has to come up with 5K - 15K a month for private pay and you have assets that could be paying for his dad's care. You need the attorney to make sure your own situation is balanced in all this.
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You need a lawyer. Do not depend on a web site for such a complex question. Easy answers:
1. Yes, Medicaid can claw back the "gift he gave you" (his half of the house, depending on where you live and its community property laws) for 5 years (depending on state Medicaid law) depending on the terms of the written legal separation if any (if not, there probably is no separation, which might act in your favor in this case)
2. What kind of health insurance do you share? His or your former or current employer? Are you on and do you get Medicare through his work record or does he get it through yours?
3. Don't depend on being "on the same page" as the son. The son has a fiduciary duty to act on behalf of the father.
See why you need a lawyer.
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Medicaid cannot override a court order, if that is how the decision was made. Same for health insurance, look at the court documents. If Medicaid sees the assets were unevenly divided, they would see the separation as an attempt to hide assets. A separation is NOT the same as a divorce.
Medicaid is not new at this. Just be honest and you will be able to preserve your half of the assets, including the house.
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