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DanielleCPA
DanielleCPA , Certified Public Accountant (CPA)
Category: Finance
Satisfied Customers: 781
Experience:  CPA experienced in tax and financial planning
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i live in an asst living facility. i have been on disability

Customer Question

i live in an asst living facility. i have been on disability since 2002. i am on medicare and medicaid. my mother passed in may. her house is in the process of being sold and divided three daughters. can i just give my check to my daughter who is my power of attorney?
Submitted: 5 years ago.
Category: Finance
Expert:  DanielleCPA replied 5 years ago.

DMC :

Hi and welcome to Just Answer! I'm happy to help answer your Finance questions. Feel free to interject at any time if you need clarification.

DMC :

Please clarify a couple of things for me. You are receving a check for your share of the proceeds from the sale of your mom's house, correct?

DMC :

Second, you are asking if you could give it directly to your daughter so it wouldn't affect your Medicaid eligibility?

JACUSTOMER-ppsrcpxu- :

YES YES

JACUSTOMER-ppsrcpxu- :

YES

JACUSTOMER-ppsrcpxu- :

WHAT DO I DO NOW? TELL ME WHAT TO DO NEXT.

DMC :

Please give me a moment while I consider all your options.

DMC :

As you may know, typically all income received when on Medicaid must be paid to the long-term care facility except for a small cost of living allowance and uncovered medical expenses. I was not able to find any exception that would apply to the proceeds of the sale of your mother’s house. You would be required to pay the proceeds to a nursing home.

You might be able to circumvent it by having the check payable directly to your daughter, but if Medicaid was able to track this back to you, you could be penalized for transferring assets to affect your Medicaid eligibility. I would strongly advise against this option. It is illegal to transfer assets to someone else for purpose to qualify for Medicaid.