I see it everyday in my practice. A family member comes to see me because their money is quickly running out and they must put their loved one in a nursing home. They want to know how they can qualify for Medicaid to try and preserve at least some of their loved ones’ hard earned income and assets.
But through mis-information over the years, they have gone about things in the wrong way. Two of the biggest mistakes I see are:
1. The person with Alzheimer’s Disease gave away or loaned money to a relative, or a family member listed on a joint account thought that they needed to move the money away from the account to protect it-so they transferred it-either to themselves or someone else.
2. The family member who may have power of attorney provides care for the person with Alzheimer’s for several years in home, and may be compensating themselves out of the bank account of the person with Alzheimer’s.
Both trigger “transfer of asset” problems. What is the transfer of asset rule Medicaid follows? It differs from state to state, but in general this is a rule that Medicaid applies to determine if someone gave another person property or money for less than fair market value. In other words, if there was an actual fair market exchange (i.e. money for services) then Medicaid may not have a problem. But, if someone gave away his or her money to a relative, or the relative pays themselves as compensation without properly documenting that service, Medicaid is likely to view this as a transfer of assets for less than fair market value.
The result? If this transfer occurred within what’s called “the look back period” (currently 5 years in most states), then Medicaid can apply a penalty for that transfer and deny your loved one the ability to receive Medicaid paid nursing home care for a number of months or even years.
For more information on Paying for Alzheimer’s Care and a FREE ebook head on over to http://www.PayingForAlzheimersCare.com
Filed under: Alzheimer's and Medicaid, Alzheimer's and Powers of Attorney, Alzheimer's Costs | Tagged: Alzheimer's Disease, alzheimers, medicaid, nursing home | 1 Comment »