Tucson Lawyers Elder Law Attorneys

Frequently Asked Questions

Medicaid (ALTCS)

Q. Is it illegal to give away any assets and then apply for Medicaid? Or alternately: If I have given any money to my kids, do I have to at least three years before I am permitted to apply for Medicaid?

There is nothing illegal about giving away assets. What that action does though is to create a period of ineligibility for Medicaid benefits. You have to wait until that period has expired before you can become eligible. If you can wait the five years, then you can transfer any amount without a problem. You can get a rough idea of how long a person would be ineligible for Medicaid assistance by simply dividing the amount of the gift by $4,500. This will give you the approximate number of months for which the person would be ineligible.


Q. Do we really have to spend everything we have before my spouse or I can be eligible for Medicaid?

No. It is true that a person may only have $2,000.00 in countable assets in order to be eligible but there are many ways to protect family or individual assets from being counted. In most cases, a large percentage of the assets can be protected.


Q. Will the government take my house and other assets to pay for the long term care?

Not necessarily. The house you are living in will not be counted as an asset for eligibility purposes but a lien wifi generally be placed on the house for the amount that ALTCS spends on the care of the applicant in the nursing home. This lien will be removed if the applicant dies before his or her spouse, if the spouse needs to sell the house or in a few other circumstances.


Q. If I apply for my mother and she is eligible, will they put her in a state-run facility?

There are no state-run facilities. The state does certify privately owned adult care homes and nursing homes but they will no dictate where a person is placed. You can choose from any of the certified facilities. The state only guarantees a bed for anyone that meets the eligibility requirements.


Q. Will the state hold my kids responsible for the cost of my care?

No. There is no legal duty of a child to support a parent. Only your income and assets are considered when determining eligibility and only your assets remaining at your death might be subject to recovery for the cost of your care.

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Tucson Lawyer practicing in the area of Elder Law