Assest Protection relative to qualifing for Medicaid

Asked over 4 years ago - Brooklyn, NY

Does a disabled child have to live in the home in order to protect the home from being considered in qualifying for Medicaid or can he/she live elsewhere?

Additional information

Additionally, what is the legal definition of a disabled child?

Attorney answers (1)

  1. Cheryl Lynn Fratello

    Contributor Level 9


    Lawyer agrees


    Answered . First, the answer to your question depends on which Medicaid program the applicant is applying and several other factors. Under New York law, a certified disabled child must live in the Medicaid applicant's home in order for the home to be considered exempt as a resource in qualifying for Medicaid, and to prevent a lien from being placed on the home while on Medicaid. A better option may be to consider a transfer of the home to the disabled child. A transfer of a homestead to a certified blind or disabled child in New York is not penalized.
    You should speak to a qualified elder law attorney before making an application for Medicaid or transferring any assets. Medicaid eligibility is a very complex area of the law and many different factors affect Medicaid eligibility.

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