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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7113
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My Mother-in-law will be living with me in Florida, she will

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My Mother-in-law will be living with me in Florida, she will be giving me 1200.00 per month for room and board. How do I achieve this, without affecting her eligibility for for Medicaid if it becomes necessary
Thanks Paul

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Under the 2013 guidelines, which are adjusted annually for inflation, the recipient's income cannot exceed $2,130 as this would affect eligibility. The amount of rent being paid generally is not relevant unless it is used as evidence to show that the income has to be higher than the maximum. Also, Medicaid can penalize a recipient for any transactions that don't appear to be for fair market value. So for example, if rent in your area is $500 per month, and you were charging $1200, they could in theory argue that the additional $700 was a gift, without fair consideration, thus affecting her eligibility. However, if the lease mentioned that food, utilities, transportation, etc was included, this would be more likely to satisfy any concerns over the amount of rent being charged.

LegalGems and 2 other Estate Law Specialists are ready to help you
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. It is good of you to be looking after your mother in law. Now would be a good time to make sure her estate plan is up to date so her wishes are carried out. Not pleasant to think about -but necessary.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

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