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I am caregiver for my husband who is still at home. He has vascular dementia so it's hard to predict the future. He is 82. We have ample money but eventually we may have to depend on medicaid. I am aware of the 5 year rule. Our son was in a serious accident 7 years ago and has to get by on disability which is pitifully low. He has serious medical issues, anxiety and major depression and I am concerned for his life. He lives in an isolated town with inadequate medical help and he cannot sell his house and move. The doctors have him on too many mind altering drugs! No illegal drugs! He has been trying to get into treatment for addiction to prescription drugs but they are too crowded to get into, especially when they take illegal drug addiction cases first. Would we be allowed at this time to pay for a treatment facility for him considering the 5 year rule? Thank you for your help.

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I agree with Jinx. Your money is yours to spend as you wish, notwithstanding the 5-year look-back rule regarding 'transfer of assets' (more info on this site under the Money & Legal tab). You would not be handing over any money to your son - you would be controlling the payments to the treatment facility. I think as long as your documentation is solid, it should be fine.
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It seems to me that if you can prove that the money was spent to provide medical care for your son, that would be an acceptable use. Don't trust me, though! Go direct to Medicaid for your state, or your local Area Agency on Aging, or an elder law attorney. If you have assets of $500,000, and you spend $20,000 for rehab on your son, that sounds like something worth doing because it will save the government money overall.

If they do come after you, it will be only for the amount of money that you spent, and your eligibility would be delayed for a month or two or three.
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