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My mother, who is 89, has lived with me in my home for 7 years. I am 59 years old,, am permanently disabled and receive Social Security benefits . Recently, my home was water-damaged and is now undergoing major repairs because of mold and foundation issues. My mother wants to spend most of what she has left in investmates to help me renovate my home so that we can both move back in. Since I am disabled, it seems to me that the transfer would fall under the legitimate exceptions to the medicaid rules about transfers, and she could give me money without incurring penalties that would make her ineligible for medicaid. Am I correct?
State/Country relating to Question: Kansas Already Tried: SRS wasn't very helpful, so I asked an elder Lawyer in Kansas City. She confirmed my conclusion, but I want to be absolutey sure to protect my mother.Without the money, I cannot pay for the repairs to my house without borrowing from a daughter, who would have to take out a second mortgage. My own credit is no good because I had to take out bankruptsy a year ago.
HiCustomerThis type of payment is not considered to be a transfer in the sense used by the Social Security Administration, which basically refers to transfers done with the intention of being able to qualify for Medicaid.If you are worried anyway, she can pay directly for the repairs, instead of giving the money to you to pay for the repairs.
So would the transfer, or paying for the repairs qualify for the exception for giving money to "a diabled child under the age of 62?"
The rule is that the transfer is okay if made to a "totally and permanently" disabled child. The age does not matter.
Attorney
Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker