Legal Question in Wills and Trusts in Georgia

Can my mother lose her eligibility for medicare/medicade if she deeds property

We do not understand the problem with my mother's decision to deed property that she was willed ba a deceased sister to someone else. My mother lives in an asisted living facility. She wants to give the property to my sister. Legal Aid personnel in my mother's hometown have warned that should she require nursing home care, her eligibility for medicare/medicare would be adversely affected (or denied). She is trying to secure her position by deeding the property to someone else so that she will not be counted as having additional income. What is the problem with my mother's decision? Please tell us what is accurate and legal. Thank you.


Asked on 5/05/05, 4:13 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Can my mother lose her eligibility for medicare/medicade if she deeds prop

Medicaid rules count property that has been transfered to a family member as still belonging to the party that transfered it. The reason is that Congress and the states have decided that they want families to pay for nursing home care where possible and not taxpayers. There are detailed regulations as to the time frames that come into play that are beyond the scope of a brief answer.

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Answered on 5/05/05, 5:59 pm


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