Legal Question in Elder Law in Arizona

We'd like to know if our mother gives her children her money, from an annuity, and then needs to be cared for in a facility, are we liable to return the money? She is healthy and in her right mind now, she is 86, and wants to divide her annuity among her children, but we're afraid if she does that, then needs long term care, they could come after us for the money she gave us.


Asked on 1/14/10, 9:41 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

ALTCS will look at any transfer of assets made during the last 3 years, and in some instances, 5 years. You should explore the requirements to qualify for her long term care and what assets are exempt from being included in the determination of her qualification for state aid.

More important, is planning that is required in order to protect her from being placed in a state paid facility which is not a good place. Many private facilities will allow the resident to stay even though they are paid by the state, if the resident has been in the facility as a private pay resident for at least 6 months or a year. Take the time now to research the facilities that she may need and find the best one for her now. You need to develop a plan taking into consideration what her assets are and what her needs will be.

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Answered on 1/19/10, 12:44 pm


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