Can someone gift me a large amount of money to spend on my mother without my mother losing public benefits?

[ElmoHongZito]

What is the name of your state?

And in the middle of all this debate and accusations someone that has given absolutely no input just randomly asks me what the name of my state is. Lmao

 

[quincy]

And in the middle of all this debate and accusations someone that has given absolutely no input just randomly asks me what the name of my state is. Lmao

Not random at all. The state name is required of all posters to this site and, in your case and depending on your state, you may be legally obligated as an adult child to support your parent.

Over half the states in this country have filial responsibility laws.

 

[Just Blue]

And in the middle of all this debate and accusations someone that has given absolutely no input just randomly asks me what the name of my state is. Lmao

Although you erased it, when posting your opening post the question "What is the name of your state?" is asked.

 

[justalayman]

And in the middle of all this debate and accusations someone that has given absolutely no input just randomly asks me what the name of my state is. Lmao

You were asked the question when you started this thread. You apparently deleted the question. The state involved is often required to be able to address questions properly.

While some have said once the aunt sends you the money it is yours to do with as you wish, there are circumstances where that advice would be wrong. Depending on allnof the facts, the aunt may have an action agaianst you should you not use the money as intended and along with that, it can be determined you have created a de facto trust which could push the activity into fraudulent territory


You need to speak with an attorney to avoid the issues that are possible.

 

[LdiJ]

Not random at all. The state name is required of all posters to this site and, in your case and depending on your state, you may be legally obligated as an adult child to support your parent.

Over half the states in this country have filial responsibility laws.

Again, I do not think that has been truly demonstrated at this point. Please cite your source.

 

[quincy]

Again, I do not think that has been truly demonstrated at this point. Please cite your source.

Did you do the search for "familial responsibility laws" as I suggested you do? You will find several sources.

 

[Shadowbunny]

Again, I do not think that has been truly demonstrated at this point. Please cite your source.

Courtesy of JAL:
https://graphics8.nytimes.com/packages/pdf/health/NOA/30states.pdf

 

[LdiJ]

Courtesy of JAL:
https://graphics8.nytimes.com/packages/pdf/health/NOA/30states.pdf

That was helpful, but it does not indicate that adult children are responsible to ensure that their parents are not collecting any state benefits, as Quincy stated...nor does it indicate the extent of the filial responsibilities for any of those states.

 

[justalayman]

That was helpful, but it does not indicate that adult children are responsible to ensure that their parents are not collecting any state benefits, as Quincy stated...nor does it indicate the extent of the filial responsibilities for any of those states.

That site provided specific code which will alllow you to do a bit of research yourself.

 

[Zigner]

You were asked the question when you started this thread. You apparently deleted the question. The state involved is often required to be able to address questions properly.

While some have said once the aunt sends you the money it is yours to do with as you wish, there are circumstances where that advice would be wrong. Depending on allnof the facts, the aunt may have an action agaianst you should you not use the money as intended and along with that, it can be determined you have created a de facto trust which could push the activity into fraudulent territory


You need to speak with an attorney to avoid the issues that are possible.

See - you're missing what I said. The point I'm making is that, if the OP is TRULY able to do whatever he pleases with the money, and has NO obligation to give mom the money, then there is no fraud at all. I never said nor implied anything else.

 

[quincy]

If Elmo and his mom both live in Pennsylvania, here are two links to Pennsylvania cases where the adult children were held financially responsible for their parents care costs:

https://caselaw.findlaw.com/pa-superior-court/1607095.html

https://cases.justia.com/pennsylvania/superior-court/2015-1342-wda-2014.pdf?ts=1438981990

 

[justalayman]

See - you're missing what I said. The point I'm making is that, if the OP is TRULY able to do whatever he pleases with the money, and has NO obligation to give mom the money, then there is no fraud at all. I never said nor implied anything else.

But he didn’t describe a situation where the intent of all parties involved that he do whatever he wishes with the money. The fact it is money agreed upon to be held in trust for the mother is a problem.

 

[ElmoHongZito]

Special needs trust has been mentioned multiple times in this discussion. Is a special needs trust an option if my mother is not considered mentally or physically disabled?

 

[commentator]

Incidentally, I also asked for a state elsewhere in this post. It's not on the other site, either. I do believe that this type of special needs trust is available to your mother if she is elderly, no other substantial mental or physical disability is required, no proof of such was asked for or was going to be used. This type of trust was the option suggested to us by the caseworkers from our state's public assistance office which whom we discussed these issues. It was strongly recommended to us by the care facility where my family member was placed.

In cases where parents have recently divested themselves of assets, for example deeding their property to their children then there is definitely a responsibility to the family member so gifted to support the person. There is, as we all know, a look back period before an elderly person qualifies for Medicaid, and if during this look back period they've given away their assets so they wouldn't have to use them as includable income, they most definitely are not going to be qualified for assistance.

But as we are no longer responsible for supporting our indigent children after they reach a certain age, we are not required, simply because of the relationship to support our parents. There are parents, and then there are other parents, not all of them are responsible, good, deserving people. We cannot speak for everyone's situation judging only by our own perception of filial responsibility. And as the law does not require us to pay off another's debts if they pass away, it likewise does not demand that we support other adults instead of asking the social services network to do so. (Unless there is evidence they have tried to divest themselves and defraud the system for that purpose of course. )

 

[quincy]

Incidentally, I also asked for a state elsewhere in this post. It's not on the other site, either. I do believe that this type of special needs trust is available to your mother if she is elderly, no other substantial mental or physical disability is required, no proof of such was asked for or was going to be used. This type of trust was the option suggested to us by the caseworkers from our state's public assistance office which whom we discussed these issues. It was strongly recommended to us by the care facility where my family member was placed.

In cases where parents have recently divested themselves of assets, for example deeding their property to their children then there is definitely a responsibility to the family member so gifted to support the person. There is, as we all know, a look back period before an elderly person qualifies for Medicaid, and if during this look back period they've given away their assets so they wouldn't have to use them as includable income, they most definitely are not going to be qualified for assistance.

But as we are no longer responsible for supporting our indigent children after they reach a certain age, we are not required, simply because of the relationship to support our parents. There are parents, and then there are other parents, not all of them are responsible, good, deserving people. We cannot speak for everyone's situation judging only by our own perception of filial responsibility. And as the law does not require us to pay off another's debts if they pass away, it likewise does not demand that we support other adults instead of asking the social services network to do so. (Unless there is evidence they have tried to divest themselves and defraud the system for that purpose of course. )

I disagree with your conclusion that adult children are not responsible for the debts of their parents. That is not true in all cases under all circumstances in all states.

https://www.google.com/amp/amp.kiplinger.com/article/retirement/T036-C000-S004-going-after-kids-for-parents-care-costs.html

https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1347&context=jlp

It was said elsewhere, by the way, that Elmo's mom lives in Pennsylvania. Perhaps Elmo would like to confirm or deny.