Legal Question in Elder Law in Florida

Medicaid Elgibility
Mother in-law has been diagnosed for at least 2 years with Alz. Filing for medicaid, due to inability to provide adequate care. During the 5 year ''look-back'' period there has been several gifts to children prior to Alz diagnosis. Since gifts were given during a period prior to obtaining MEDICAID, are these gifts counted as assets?

Asked on 10/08/07, 7:23 pm

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Scott R. Jay Law Offices of Scott R. Jay

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Re: Medicaid Elgibility

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Absolutely. That is the exact purposed of the look back period. If not, any ill person would dispose of all assets by gift to family members and the State of Florida would have the burden of providing Medicaid to all elderly residents who become sick.

Scott R. Jay, Esq.

Answered on 10/08/07, 11:24 pm

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