My mom already has medi cal but the house is still under her name and she wants to create a trust to protect from medi cal asset recovery . I’m worried if a trust is created , that would revoke her medi cal benefits ? I read that if a trust is created that would trigger medi cal look back period of the last 30 months? Is a trust with a home that she wants to pass to her sons be considered in this look back period and she could lose her benefits ? Or is this look back period only something considered when applying for medi cal and not on someone who already has medi cal?
Your mother could transfer the home to a revocable living trust and in California that would protect it from Medicaid recovery and would NOT trigger a Medicaid penalty period. I have done a lot of these for my California clients. In order to do this, however, either your mother must still have mental capacity or, if she does not have mental capacity, then she must have already appointed someone as her agent or attorney in fact under a durable power of attorney that gives the agent sufficient authority to do estate planning. This is why it is so important not to wait until the last minute to do estate planning.
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