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Hello everyone. I'm really stuck in a situation and was wondering if anyone has any experience with this. My mother went into the nursing home a few days ago so I applied her Medicaid. I reached out to 3 elder attorneys prior and was told I could transfer her assets to me without penalty because I'm disabled. I went ahead and applied and was told that I wasn't able to do that because their definition says I haven't been disabled prior to 22 years of age. I reached out to the attorney again and he said that isn't correct. I was trying to apply myself to save the attorney fees since it seemed straight forward. Now I hate to pay the fees and it still be a problem.


Does anyone have any info about this? I'm in KY if that makes any difference.


Thank you

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You can use Moms money for a lawyer when filing for Medicaid.

The local SS office should know the rules since they provide Medicaid.

As a disabled child you should be allowed to stay in the house as long as you can keep the bills up. But taking Moms assets and having them signed over to you is a no no. This is her money for her care.

Maybe a Special Needs Trust as long as your under 65. This can only be used for certain things. Food and lodging is not one of them. When u pass it goes back to Medicaid. With my nephew it was done because he received insurance money from the death of his Mom. He then was able to get SSD and medicaid.

Another thought, do you receive SSD or SSI? If so, transferring Moms assets could effect you receiving either. It counts as added income. Effects Medicaid if you get it as insurance too.
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Jace25 There are different laws in states. There is a transfer to a trust for a disabled child. The way you transfer is important too. I'm going to do a little resesrch and get back to you, here.
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Jace25 Dec 17, 2018
Thank you. I specifically asked the attorneys and was told it didn't matter about the age 22 as long as I am disabled. I of course like anyone would not want to pay the attorney fee then it not work out.
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I guess I should have posted this in the elder law section. My apologies.
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Marcia7321 Dec 18, 2018
We found more than one attorney who was happy to meet with us and explain our options for free. They only charged to put together paperwork (wills, trusts, POA, that sort of thing) if we chose to do that.

Call the attorney and ask how much a consultation is. You might be pleasantly surprised!
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3 elder law attorneys told you you could transfer the assets. Who told you you could not? Was that a Medicaid determination or is that someone from the nursing home who is processing the application?
Depending on how much money you are trying to preserve, hiring an elder care lawyer might be prudent.
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Jace25 Dec 17, 2018
No it wasn't a Medicaid determination it was the local social services office where I filed for Medicaid.

Everything I've read is that it can be transferred but that office provided a definition sheet stating that a Disabled Adult Child has to be disabled prior to age 22.
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https://www.familyassets.com/medicaid-planning/resources/disabled-child
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