You need a medicaid attorney to sort this out for you.
Medicaid benefits are available very quickly with only a
month or two delay at the most.
You can find a medicaid attorney on AVVO on the "Find an Attorney"
If you are close to Lavonia-call attorney James Frederick
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.Ask a similar question
Without there being something else that makes the transfer exempt, the gift to Dan will result in a penalty period during which your mother will be ineligible for Medicaid if she makes application anytime during the five years that follow the gift. There are exceptions as well as planning techniques that may apply to reduce of eliminate the penalty, such as a hardship waiver, but the only way of finding out will be to consult in private with a seasoned elder law attorney who does Medicaid planning.
Responses provided on Avvo are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Kelly S. Davis unless set forth in a written engagement letter. The Wyoming State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.Ask a similar question
This is a tough question. The transfer will prevent your mother from receiving Medicaid for several months, but more importantly, no nursing home will admit her if she has no private funds to pay and is ineligible for Medicaid. In other words, Medicaid will not force your family to repay the funds, the agency just says your mother will not be able to receive benefits until the penalty period for the funds family took expires.
Medicaid has hardship regulations for people who unwittingly made transfers or were the victims of financial abuse, but your mother (i.e., you) will have to jump through many hoops for Medicaid to accept that your mother did not intend to make a disqualifying transfer. You must ask your brothers to return the funds -- some states require your mother actually file suit to get them to return the money. I cannot stress enough that you need to hire a knowledgeable elder law attorney to help you through this.Ask a similar question