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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115438
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need help my mother has been denied medicaid

Customer Question

I need help my mother has been denied medicaid for insurance policy. She is no longer the policy onwer. I am the, case for medicaid said my father can be the only new owner but he has been dead for 35 years. My mother has alzheimers and in a nursing home. But mediciad say those are still my mothers assets. Dont know what to do before they kick her out of the nursing home.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that any transfer of insurance or assets within 5 years of needing medicaid would be grounds for denial of benefits. You can exclude from medicaid any funeral insurance or prepaid funeral benefits. So if the insurance policy is for a funeral and you make the funeral home the beneficiary, then medicaid can exclude it and award benefits. You cannot just transfer it to you I am afraid as that would be the type of transfer that would incur a medicaid penalty.
So you are going to have to give up the policy or use it for funeral expenses if you want her to get medicaid benefits.