Legal Question in Elder Law in Massachusetts
medicaid payment
I realize if my mother gave $20,000 to my sister to help buy her a house and then needed to go into a nursing home within five years she would be penalized for that. But since the money was given to my sister and not me, would I have to be included in the paying of her care or would Medicaid just go after my sister.
2 Answers from Attorneys
Re: medicaid payment
In Massachusetts, Medicaid would not "go after" anyone -- they just deny coverage. Under current regulations, either the gift would need to be cured or the denial would need to be appealed on the grounds that there was no intent to reduce assets in order to qualify for MassHealth coverage.
I would not advise any transfer of this size without first meeting with an elder law attorney.
Re: medicaid payment
If it occurred within 5 years and the gift created a situation that was created your mother needed to be covered by Mass Health, coverage could be denied. You would then have to appeal or cover the amount denied until she did qualify.
I would consult an attorney about making such large gifts.
Also, if the bonds are sold after the gift is completed, the owner would pay the capital gain if any. If the bonds are sold before the gift your mother would be responsible for the gain.
I suggest you speak with an attorney about the best way to handle things.
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