Legal Question in Wills and Trusts in Alabama

Re: Eldercare laws

You are generally correct your position that in order to be eligible for medicaid to pay nursing home costs the applicant has to deplete his or her estate. This does not mean that your parent's assets cannot still be transferred. Generally, any transfers for less than fair market value will require waiting approximately 36 months before the transferor/parent will be eligible for medicaid. Irrevocable trusts are often used to accomplish these transfers or as a receptcle for such assets. If the parent is legally incompetent then such transfers may be impossible unless the subject parent executed a durable power of attorney granting her agent the authority to tranfsfer her (the subject parent)property to the agent (usually a child of the parent)

Please do not take action based solely on my comments here. I simply wanted to provide some general comments to your question. As concerning all legal matters it is imperative that you seek advise from a competent legal professional. Thank you. Richard L. Fricks