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Abby2018 It all depends...Who? was gifted to? Why? it was gifted? Who? Made the gift? Where? Did were the gift funds spent?
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Reply to Wuvsbears
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This is what my lawyer email me about a similiar situation:

"The state requires that all legal options be fully pursued to recover the improperly transferred assets. A person requesting a hardship exhausted all legal remedies to collect or recover the improperly transferred assets."

So, you file a lawsuit against the person which is uncollectible then file the waiver.
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Reply to tacy022
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https://www.agingcare.com/articles/elderly-parent-qualify-for-medicaid-136276.htm

Read the various articles he's written here and get his book from the library. Are you able to consult a certified Eldercare attorney?
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Reply to BarbBrooklyn
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I don't know. We need Igloo's or Gabriel Heiser's expertise.
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Reply to BarbBrooklyn
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You need to try to recoup the assets after that fails, file an undue hardship waiver.
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Reply to tacy022
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I think she means when there has been gifting and Medicaid imposes a penalty of X number of months that they will not pay for care.

The only remedy that I've seen mentioned is getting the person the money was gifted to to pay it back; often not possible.
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Abby2018 Mar 23, 2019
Thanks Barb....but then what? If gifts can’t be recovered does the family then become responsible at the risk of bankruptcy?
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I wonder this as well. Hope someone comes by with an answer.
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Reply to lisajean
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Abby2018 What do you mean by penalized?
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Reply to Wuvsbears
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Abby2018 Mar 23, 2019
When gifting becomes part of the lookback, the patient is then penalized the dollar amount against time that would be spent in long term care. This can amount to years.
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