Can Medicaid take a home from my daughter and her husband that we buy with the proceeds/dollars from my home that I sold?

Dear Yvonne,

I'm not really sure but it might be best to consult with an elder law attorney and make sure all the paperwork will protect your daughter.

Medicaid won’t “take” the house. Their not in the real estate business.
BUT what Medicaid can do - IF there are not any exemptions or exclusions OR other state specific legal to the situation - is to place a “gifting” or transfer penalty on your Medicaid application if you should apply for Medicaid within the next 5 years. That’s Spring of 2023.

AND also upon the Medicaid recipients death, Medicaid has to attempt a recoup of all costs paid by Medicaid for your care. Done though MERP.

Your daughter if verifiable handicapped can have a Special Needs Trust or other type of Trust set up by you. But Trusts are not a DIY and to me you need insight from BOTH an elder law atty and a disability attorney as to how to possibly structure purchasing a home &/or doing a Trust. An NAELA level of atty is where I’d suggest you start at as they will have other firms they work with.

So is this correct..... your daughter hubs is older than you? So like on 4 years, SIL will be 80? If so you all may want to think who to be a Trustee &/or DPOAs. Is there trusted family or family friends who could be involved in oversight for your daughter? The atty will have suggestions as to how to plan for death or incapacity of Trustees.

Yes my Son In law is older than me.I have no other children and no one to trust as all My family are deceased or about my age (71) or older.And also live in another state.How do I go about finding an elderly attorney. I know their are different kinds of attorneys that specialize in different needs (wills/divorce etc) but have never heard of one for elderly care???

I’d suggest you look for one with NAELA or CELA certification.

Yvonnemarie I have to question the wisdom of your investing in a house which, at least on paper, you won't own.

I also wonder if this plan is the best idea for you socially. Widowed at 61, your daughter disabled at the age of 53: life seems to have dealt you rather a rough hand, and I can understand that you would welcome the security of living with others as you enter on older age (at 71 you're really not there yet!). But have you considered other possibilities besides throwing in your lot with your daughter and her husband?

I have to agree with CM; why isn't Assisted Living, or even Independent Living on the table? You need to be around people, certainly. Wouldn't being around a group of folks your own age be preferable?