Legal Question in Elder Law in Alabama

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?


Asked on 2/06/08, 11:07 am

2 Answers from Attorneys

William Nolan Nolan Elder Law LLC

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

Read more
Answered on 2/06/08, 11:15 am
Ronald Holtsford Ronald A. Holtsford, LLC

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.

Read more
Answered on 2/06/08, 11:21 am


Related Questions & Answers

More Elder Law questions and answers in Alabama