medicaid and "gifting"

[slchilson]

What is the name of your state?new york

what are the rules for gifting certain assetts before applying for medicaid. my mil owns half interest in a piece of property. she has dementia. we recently lost fil and he was her primary caregiver. we are trying to hold off as long as we can but the nursing home will eventually become needed. we were in the process of tranferring the property over to us and our lawyer died. he made no provisions in the event of his death. so now we are left w/ a big problem. sil (also mil's poa) is worried about medicaid going back on us for anything we do. so what is allowed and what is not?

 

[BlondiePB]

What is the name of your state?new york

what are the rules for gifting certain assetts before applying for medicaid. my mil owns half interest in a piece of property. she has dementia. we recently lost fil and he was her primary caregiver. we are trying to hold off as long as we can but the nursing home will eventually become needed. we were in the process of tranferring the property over to us and our lawyer died. he made no provisions in the event of his death. so now we are left w/ a big problem. sil (also mil's poa) is worried about medicaid going back on us for anything we do. so what is allowed and what is not?

Disposing of assests to qualify for Medicaid is fraud which is a crime. We do not assist posters with commiting crimes.

Furthermore, does MIL now have a guardian?

https://forum.freeadvice.com/showthread.php?t=240222

 

[slchilson]

things have been real crazy here. fil died unexpectadly, so everything was put on hold. sil had an appointment with an elder care attorney. would that lawyer be considered as her guardian? have not yet had a chance to talk to her. i guess when it rains it pours! and to think all these headaches could have been prevented had this all been taken care of years ago. unfortunatly fil was old school and did not trust lawyers or banks! by the way, i see now in my post where it may have sounded like we were trying to commit fraud, but we're just trying to get everything straightened out the way it was supposed to be done and would have be done had everything not happened all at once.

 

[BlondiePB]

sil had an appointment with an elder care attorney. would that lawyer be considered as her guardian?

When a guardianship over a person has been petitioned, the court notifies family of the alleged incompetent. There is a court hearing. Not all Elder Law attorneys do guardianships. Someone needs to petiton the court for guardianship over MIL.