Legal Question in Wills and Trusts in Texas

Grandma

I took in my grandmother three months ago; she is 92. I have power of attorney. She has liquidated her estate and has transferred all monies to me. As her health is deteriorating we want to move her into a nursing home. I have been told that unless her assets were liquidated or transferred for at least three years prior to her entering the nursing home that she will not be eligible for medicare or medicaid. Is this correct?


Asked on 7/29/99, 8:52 pm

1 Answer from Attorneys

Weston Cotten Weston Cotten Attorney at Law

Re: Grandma

36 months is the time period of ineligibility for Medicaid due to a less than fair market transfer of assets. She is always eligible for Meidcare. There are some ways to make her eligible for Medicaid before the expiration of 36 months. It can only be determined by a careful review of the estate and curcumstances. Feel free to call me at 281-421-5774 if you have any questions, or call any Elder Law Attorney. Your average attorney will not have a clue about Medicaid eligibility, or haow to make someone eligible. Most certainly dont' ask a nursing home.

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Answered on 8/02/99, 8:56 am


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