Hello everyone. I'm really stuck in a situation and was wondering if anyone has any experience with this. My mother went into the nursing home a few days ago so I applied her Medicaid. I reached out to 3 elder attorneys prior and was told I could transfer her assets to me without penalty because I'm disabled. I went ahead and applied and was told that I wasn't able to do that because their definition says I haven't been disabled prior to 22 years of age. I reached out to the attorney again and he said that isn't correct. I was trying to apply myself to save the attorney fees since it seemed straight forward. Now I hate to pay the fees and it still be a problem.
Does anyone have any info about this? I'm in KY if that makes any difference.
Thank you
The local SS office should know the rules since they provide Medicaid.
As a disabled child you should be allowed to stay in the house as long as you can keep the bills up. But taking Moms assets and having them signed over to you is a no no. This is her money for her care.
Maybe a Special Needs Trust as long as your under 65. This can only be used for certain things. Food and lodging is not one of them. When u pass it goes back to Medicaid. With my nephew it was done because he received insurance money from the death of his Mom. He then was able to get SSD and medicaid.
Another thought, do you receive SSD or SSI? If so, transferring Moms assets could effect you receiving either. It counts as added income. Effects Medicaid if you get it as insurance too.
Depending on how much money you are trying to preserve, hiring an elder care lawyer might be prudent.
Everything I've read is that it can be transferred but that office provided a definition sheet stating that a Disabled Adult Child has to be disabled prior to age 22.
Call the attorney and ask how much a consultation is. You might be pleasantly surprised!