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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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We're doing a Medicaid application to keep Mother in a

Customer Question

We're doing a Medicaid application to keep Mother in a nursing home. The Medicaid interviewer indicated they are going to go back 5 years into Mother's financial affairs. Due to tough times, Mother has given me about $8,000 during these 5 years. I have repaid these monies and it is now in a savings account. We had planned on this being a safety net 'just in case' mother needed a little extra money. My brother believes the government will take this $8,000, calling it a distribution in event of Mother's need of Medicaid. Is there any way we can keep this money-without the Medicaid taking it.
Jerry Charles, Colorado Springs area, CO.: 719-=749-2884
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Jerry,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

No, you cannot keep the money. Medicaid will require that it be given back to your mother (if it is not already in an account in her name) and spent down so that she then qualifies for Medicaid. However, you don't just have to hand it over to Medicaid. You may give it to your mother or assist her in spending it down on legitimate things---even take her on a vacation if she is able.

The safe harbor provision provided in 20 CFR(###) ###-####t sec., permits a wide range of items such as furniture, appliances, electronic equipment such as personal computers and televisions sets, carpets, cooking and eating utensils, and dishes.

Under 20 CFR(###) ###-#### ***** care items and educational or recreational items such as books or musical instruments are allowed because of an individual’s impairment. Additionally, household goods, automobiles, trucks, tractors,boats, machinery, livestock, and building are allowed.

Things such as prepaid funeral arrangements and special needs trusts are allowed. The trust is not something that you can do on your own, but will require the assistance of a trust attorney or Elder Law attorney to help you set up. Here is an instructive article about the benefits of a Special Needs Trust:

Finally, here is a good article on MediCaid spend down strategies:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Hi Jerry,

I see you posted your phone number. If you would like a phone call I will process that offer for you.

If you decide you don't need a call, please do remember to rate my service to you so I can be paid for assisting you.