• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Clawback Grandmother Going into Nursing Home

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jumbo45

Junior Member
What is the name of your state (only U.S. law)? PA


This is on behalf of my dad. My grandmother is 91 and is going into nursing home. She has really no assets and tried to apply for welfare and got turned down initially due to fact she had given her children (my dad and my aunt ) a significant amount of money over the past 5 years ). They are indicating they need to pay the significant amount back or face prospect of lien on house.

Apparently around 3-4 years ago she was in the high rise and pretty independent yet. She had no serious illnesses and we assumed she would be in there until something carastophic happened and that would be it.

There was no inking of a nursing home. She hated the idea and said the high rise was last stop. However, she had a significant fall and now she has to go into nursing care.

Are there any defenses in this case ? I understand that the law is designed to prevent people from dumping assets when it was a foregome conclusion, but these transfers were made when that wasn't the case. She was just trying to help her children out when they needed it-not dodge the system
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA


This is on behalf of my dad. My grandmother is 91 and is going into nursing home. She has really no assets and tried to apply for welfare and got turned down initially due to fact she had given her children (my dad and my aunt ) a significant amount of money over the past 5 years ). They are indicating they need to pay the significant amount back or face prospect of lien on house.

Apparently around 3-4 years ago she was in the high rise and pretty independent yet. She had no serious illnesses and we assumed she would be in there until something carastophic happened and that would be it.

There was no inking of a nursing home. She hated the idea and said the high rise was last stop. However, she had a significant fall and now she has to go into nursing care.

Are there any defenses in this case ? I understand that the law is designed to prevent people from dumping assets when it was a foregome conclusion, but these transfers were made when that wasn't the case. She was just trying to help her children out when they needed it-not dodge the system
Unfortunately, there is no way around the system. She will not be eligible for Medicaid until the amount of assets she transferred in the last 5 years are used to pay her nursing home expenses.
 

Zigner

Senior Member, Non-Attorney
Thank you. :) I looked it up also, and it doesn't fit very well. Pedantic, I know. :cool: ;)
I found this too:

https://en.wikipedia.org/wiki/Medicaid#Clawback_controversy


(Yikes, two Wikipedia cites on the same thread...I'd better shut the computer off and get some fresh air!)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top