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Four years ago my mother gifted me $11,000 - 9 months ago she ended up in nursing home -I used that money towards her nursing home costs. Long term care ins that paid for some of cost. Now we sold her condo. Question, can I take my $11,000 out of those proceeds without any consequences when she applies for Medicaid in about 2 years?

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The proceeds from the act of sale will be documented locally at the courthouse and then dovetail to state. Gets recorded to the penny. Mom paying 11K to you (as it's her home so her proceeds) will be considered gifting by Medicaid and then the transfer penalty inquiry & penalty. Really I've found that Medicaid tends to view anything that kids do for their parents is done for fee out of a sense of familial duty and with no anticipation of repayment. UNLESS there exists a promissory note or memo of understanding done ages before (& even then it's not simple) between you & her that's signed, witnessed and notarized.

By applying for medicaid, one allows for an all access pass (& theres no lanyard or T shirt to wear....lol) to the state to request any & all financial records & background. State can request prior 5 years of bank statements, taxes, life insurance policies, health records, etc.

If your elder has assets, they & you/their DPOA are best off meeting with an elder law atty to discuss what the options may be. Your mom is going to have $ coming in from house sale. She needs to consider what to do even if she's already in a NH but not applied to Medicaid yet. There is a expert of this site - Gabriel Heiser - who has a book on this subject, that is very solid worthwhile reading. Get the book and work up a list of elders assets & of ?'s you & dpoa have and see and elder law atty. The key to Medicaid IMO is planning & knowledge.

Medicaid application today means 5 yr lookback = year 2012.
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