Legal Question in Elder Law in Ohio

Dispersing assets

What is the dollar amount and the time allowed for a parent to disperse their assets to their children before possibly entering a nursing home


Asked on 3/13/07, 10:40 am

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Dispersing assets

The 'lookback period' is generally 60 months prior to the application process. Be advised that the issue is more complicated than just determining the lookback period.

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Answered on 3/13/07, 3:53 pm
Russell Golowin Golowin Legal, LLC

Re: Dispersing assets

Most Ohio counties at this time are demanding 5 years of financial records to review.

Any uncompensated transfers within that window will incur a penalty period where the person in the nursing home will be ineligible for Medicaid.

If the person will likely need nursing home care within 5 years, it becomes especiall important to seek legal counsel because this is a complex area of law.

If the parent is concerned about preserving thier assets, they should make sure they know when they'll qualify before submitting the Medicaid application. So long as they have not applied, in most cases at least some assets may be saved.

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Answered on 3/13/07, 11:05 am


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