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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31018
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just had to put my elderly mom in a skilled nursing

Customer Question

HI my name is***** and I just had to put my elderly mom in a skilled nursing facility two weeks ago originally under the Respeat program and Hospice care, but since have started the paperwork process for permanent stay. (I am POA, and Healthcare Surrogate) Mom's only income source is SS and two small pension plans per month totally about $300.00 more than the maximum allowance per Medicaid in Florida of $2199.00. I have started the QIT process with Bank Account setup and waiting for the QIT form to be sent via mail. The Hospice folks alert me that this must be done before the end of the month and it should be with no problem. My burning question is can the only one asset owned by Mom in Aiken,SC which consist of 16 acres of land and one small house be sheltered from Medicaid attaching a lien etc. to the property in the future and what may be that shelter in which I can develop?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

I my name Roger and I'll be glad to assist.

Unless the property in SC is her homestead and unless her spouse still lives there, then Medicaid would require that it be sold and that money be spent on her care before Medicaid will pick up the costs.

Expert:  Roger replied 1 year ago.

The property could be placed into a trust, but Medicaid has a 5 year lookback period, which means that unless you wait 5 years from the date the property is transferred to the trust to apply for Medicaid, then it will be considered an asset.

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