Legal Question in Family Law in Indiana

The general rule is that there is a look back period concerning how much time elapsed between the transfer of assets and the use of medicaid funds. In other words, if the time elapsed is too short, the state can request that whatever funds or assets were transferred be used first.

You should consult an elder law attorney to discuss your situation in detail. good luck.

FYI the "look back" period is currently 5 years. Used to be 3. Yes, if she doesn't have the needed funds to pay as you go for a nursing home, she would need to turn her assets over -- this would include assignment of social security and related benefits, any survivor benefits perhaps from a predeceased spouse's retirement, etc. If she owns real estate this may have to be sold unless it can be rented. When public monies are needed the other buzz-term is "spend down" meaning all of her own assets are supposed to be used up first. The problem is that nursing homes ususally have a limited number of medicaid beds so you're caught betwixt and between: deferring her admission until look-back is over could help but getting her admitted today so that if she winds up on medicaid she will be already "in place" and hopefully not on a waiting list.... You need to talk to the selected nursing home about these options too; if they're honest they will be able to help put mom's economic affairs in order. Especially considering that certain funds are not eligible for purely "custodial" services and her funds would have to be spent down first for those needs. That's the problem of not requiring skilled nursing. So if she has a primary care physician at all, you may also wish to discuss her needs so that for admission she meets requisite criteria for most advantageous funding.

Should she give it to the grandkids? That's a huge risk and we can not advise doing so, especially knowing as little as we do about her finances but for your "some money" statement. Hope things work out for her and all of you.