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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The Law Office of Paul C.
Moors
251 W. Calle del Estribo
Sahuarita, Arizona 85629
E-mail: info@elderlawtucson.com
(520) 321-0100
Fax: (520) 321-0133
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Tucson Lawyer practicing in the area of Elder Law