Family member (elderly parent) in AL in Iowa. Two of the adult children hold the POA and administer the financial matters. Patient has enough income at present (SS, pension, etc) to cover their care. Before the POA was enacted, the patient had gifted another of the adult kids with several sums of money ("helping out") over the last several years. Will this cause issues with probate? Problems with Medicaid?

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One of the POAs needs to go thru elders banking to find do a list of all gifting. Find the exact date of the last gifting as date of cleared elders bank.
So what’s 5 years from that exact date?
And based on her current income, her savings and costs of care she’s currently paying, when does she hit her zero zone? By that I mean the month she will hit a shortfall to pay her AL bill.

Does handout sibling have $ to repay?
Not would he do it but rather could he afford to do it?
Is he a black sheep of the family and already has any type of felony record? Or other existing legal Grey areas? This is dicey but if he already has issues, he’s a felon, his credit is shot, yadayada..... you as POA could discover that he took advantage of a vuneable adult and have a police report filed on it by you as POA on behalf of your mom. Mom likely to get interviewed by police regarding this and she’ll have to agree in the filing. But if $ was coerced from her and there’s a police filing on him, Medicaid will not considered it gifting.

Otherwise, she will have to private pay her stay at the AL or NH as she won’t be eligible for Medicaid till her transfer penalty period is over.

Each state has a set figure it’s Medicaid program pays for daily room & board facility reimbursement. This is the divisor used to determine the # of days that she will be ineligible for LTC Medicaid. So say your state R&B is $175 day rate and mom gifted 100k.

That’s 571 days of ineligibility. Not quite 2 years......

she will have to private pay for 571 days at whatever the private pay daily rate is at either the AL or the NH. She will have SS$ & pension $ but whatever else falls onto family to pay. Or she moves out of facility and into your home. There aren’t a lot of options here to choose from.
and this isn’t a DIY project, you’ll need an elder law attorney to work with all of this.
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Probate, probably not. If within 5 years of the application date for Medicaid, probably yes. Depending on the amount and dates of gifting, you really need to consult a lawyer to see how best to approach this.
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