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Can my aunt gift $10,000 to her son if she has to much in her account for trying to qualify for medicaid ,since she is 82

Bedford, IN |
Attorney answers 4


A gift at this point will trigger a penalty period of ineligibility. However, it may be necessary as part of an asset protection plan; there us not enough facts presented. I suggest you consult an experienced elder law attorney!


Medicaid planning is very fact and family situation specific. What works for one family may not for another, depending upon the circumstances. A gift of $10,000, without any intervening circumstances, would result in a penalty. As Attorney Haley points out, even though a penalty might be imposed, a gift still may incorporated into your aunt's Medicaid plan. It just depends upon the circumstances and you haven't provided enough information for us to tell. You need to consult with an elder law attorney in your area who can review all the facts and ask questions.


Yes she can.
No she shouldn't.
Yes she should consult with a local elder law attorney so she's not just "trying to qualify"

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No. Since 1993, any such gifts to attempt to "look poor" enough to qualify for Medicaid will be denied and the person receiving such gift will have to expend that on her health care anyway. There are, however, Medicaid trusts which, under the proper circumstances, can help her qualify sooner. Your aunt should consult an attorney who is certified in Elder Law by the State of Indiana. Good luck!

veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call to schedule an appointment.

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