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My mother was recently approved for medicaid, I understand she is not to have more than $3000.00 in her checking account. am I correct that she can gift someone up to $500.00 a month in order to stay under the $3000.00 limit? She has a tax rebate coming that will just put her over the limit. I am her SSD disabled daughter. I thought a elder attorney explained that she could gift up to $500.00 each month to someone and this wasn't penalized, Am I correct? We live in Pennsylvania.

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Ty Guestshopadmin... That is what a elder law attorney explained, Not to be a pattern, but she can gift $499.99 , this was going to be one time gift as to keep her under the 8 k limit. this all gets quite confusing....
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Please consult an attorney on this! PA uses the less than $500 in gifts as an administrative convenience - it is NOT a law. A pattern of giving to the same individual especially a disabled person could later be deemed an impermissible/disqualifying gift or subject to MERP recovery. The intent is to allow small gifts to church, charity, multiple children and grandchildren on a monthly basis without hardship to a generous person, not to establish a pattern of gifting assets that could be going to donor's care to another individual. If you have POA, it could also be considered elder abuse or misuse of her assets. PLEASE remember social workers can change and anything not in writing can be changed.
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From what I've heard, what Pam says is right for a senior going into a nursing home. Why would Medicaid allow a gift and then take that money out of the taxpayer pot? That wouldn't make any sense to me. In most states Medicaid will let a receiver keep around $60 a month. The rest is a copay for the NH care. I'll have to check the laws state to state, then move to PA if I need Medicaid if they are more lenient with keeping and gifting money.
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Must be different from state to state??? My Mom's social worker just informed me this morning. ck acct must stay under 8 k and yes my mom can gift each month to someone AN AMT not over $499.99 and not be penalized.. just to keep a paper trail.. Im not on medicaid so it wont effect me.. this is a Pennsylvania social worker giving me this info.
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EEEK! No, that would immediately HALT all her Medicaid. NO and it would also HALT your Medicaid benefits as well. !!!!!
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