Her savings are in her name and her three daughters. It has been this way for many years.
You cannot transfer assets for someone and then attempt to have MS Medicaid pay for that person's nursing home care. There is a certain amount of time you must wait, I believe 2 or 3 years before you can apply for Medicaid after the asset transfer, whether it is a bank account or land. Medicaid could sue to have the transfer voided and applied to any amount Medicaid had expended for the recipient. I would consult an estate planning attorney to see what your options are and how to best proceed with handling your mother's assets now and going forward.
Personal Injury Lawyer
This can be a complicated area of federal law. If your mother has any assets, such as a house etc. I suggest you pay for a consultation with an Elder care attorney before you attempt to enroll your mother in Medicaid.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Personal Injury Lawyer
I am not an elder law attorney, and I recommend you contact one to confirm what I say. It is my understanding that who "owns" the money that is in the account depends on the language of the banking account contract. To borrow terms from property law, it could be they are joint tenants. The money in the saving account could be equally divided by her and the 3 daughters, or all could be common funds. As you probably already know, to qualify for Medicaid, your mother has to have very little assets.
Look up an Elder Law attorney and you will need to give them some additional information, for example, how much money is in the savings, does she own a house, does she plan to return to the home, is she married, etc..
After February 2006, there is a 5 year "look back period" for assets that have been transferred our of her name for less than full value.
I know this does not answer your question, but this is a complicated area of law and you are going to need to get an elder law attorney to advise you. I know putting your mother in a nursing home is a hard decision, and if you need a referral to a good elder law attorney, give me a call. Best Wishes.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
Nursing Home Abuse / Neglect Lawyer
I recommend that you seek the advice of an elder law attorney. You can find a qualified one on AVVO.
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