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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40034
Experience:  30 years in civil, probate, real estate, elder law
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My step-father my be in need of going into a nursing home,

Customer Question

my step-father my be in need of going into a nursing home, he was dio with liver problems, ive been taking care of him for the last past 2 years. he just now had a bad fall and asked me to move in, and he just now put my name on mobile home. he owns it also. if by any chance can the place be taken from me ? ive been in the place for 3 month now. also he has medicare not medicad. he pays for his insurance.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today. If you are the legal owner then medicaid does not have a claim to it.They may review any transfers for the last five years.There is a look back period.The longer he can go here without medicaid the better it is for him since he gifted this to you they may look at it for eligibility.But medicaid cannot take it back. They may penalize him eligibility for a period if he gifted this to you. Here are the rules for look back.http://coulsonelderlaw.com/understanding-medicaid-lookback-transfer-penalty-rules/ But they have no legal claim here, they might penalize him for a bit if he applies in less than five years.. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Reference to the penalties in NJ..
When an application is made for Medicaid, there is a question on the form that asks if any transfers have been made within the previous 60 months. This is often referred to as the “5 Year Look-Back Period.”
For Medicaid purposes, if the Medicaid applicant (or the applicant’s spouse) transfers an asset without receiving adequate compensation in return, a penalty may be imposed. The penalty is a period of time where the applicant will be ineligible for Medicaid benefits.
Medicaid calculates the period of ineligibility as the number of months of skilled nursing care that the value of the transferred assets would have purchased at a rate (the divisor) set by Medicaid. For example, if the amount transferred was $77,570, the penalty period would be equal to $77,570 divided by $7,757, or 10 months of ineligibility for Medicaid benefits for nursing home care.
This is how they would calculate his penalty for gifting it to you here.He would be denied medicaid for a period of time.
Thanks again I appreciate the chance to help you and wish you the best here.Let me know if you have more follow up, it is not a problem.