Legal Question in Elder Law in Wisconsin

Yes, if the Medicaid authorities discover any large transfer within six years of the first application for government assistance, of funds or assets from a person who ends up on Medicaid, they could impose a penalty period, denying care expenses to her for a period of time equal to the amount of long term care which could have been paid for by the value of the gift. The likelihood of a penalty will therefore all be a matter of timing, and depends upon the size of the gifts. The laws are intended to exclude normal holiday gifting between family members, however, within limits. Talk to an experienced estate planning attorney for more details. Legislation is also pending to extend the lookback period to ten years.

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