Medicaid documentation
My aunt is receiving aid and attendant from VA. I had been writing myself checks (niece) to provide for her care. How will medicaid look at this?
2 Answers from Attorneys
Re: Medicaid documentation
Caretaker agreements are acceptable to Medicaid as a valid use of a person's assets if there is a signed, dated caretaker contract between the parties and the rates charged are in line with what the market would bear. If Medicaid qualification is in your future though, I strongly urge you to seek our a qualified Elder Law attorney in your area to see what else should be done. Dothan has a couple of really outstanding Elder law attorneys.
William G. Nolan
www.NolanElderLaw.com
Re: Medicaid documentation
With the facts that you have presented, the checks to yourself will probably be seen as gifts and will incur a penalty from the time of nursing home Medicaid application back 60 months (if it becomes necessary to make nursing home application to Medicaid at some point in the future). I would encourage you to seek the advice of an attorney practicing in the area of elder law. A personal services contract may be appropriate though it won't help with prior gifts.
Related Questions & Answers
-
My mother's house my mother's house was put in her 3 children's names in november... Asked 1/29/08, 6:31 pm in United States Alabama Elder Law
-
Poa over mom's being put in a care facility? does a poa daughter have the authority... Asked 1/17/08, 7:11 pm in United States Alabama Elder Law
-
Custody of parent who is mentally impaired My father is 86 years old and mentally... Asked 11/26/07, 4:33 pm in United States Alabama Elder Law
-
Poa can you pay yourself for 24 hour care given to the person who lives in your... Asked 8/13/07, 6:00 pm in United States Alabama Elder Law
-
Mammals What is the only mammal capable of true flight? Asked 4/23/07, 8:12 pm in United States Alabama Elder Law