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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118176
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My 91 year old grandmother has dementia and has been n term

Customer Question

My 91 year old grandmother has dementia and has been n long term care for 6 months. She was denied Masshealth due to the fact that she gifted money to her children and grandchildren for things like college tuition, new roof, new furnace, moving costs etc... Now that her money has run out, her daughters are responsible for paying for her nursing home, but nobody has any money! Can they just put Gram out on the street? How are we supposed to pay $12,000 a month when we are all just scraping by?
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months 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.
Unfortunately, the medicaid rules are very strict about getting rid of assets that are supposed to be used for care of your grandmother. Once she did so, the penalty is imposed and the only one who can waive the penalty is the director of Masshealth/Medicaid. So, if Medicaid is denying waiving her penalty, I am sorry to say that yes, they can make her leave the facility if you cannot pay for the care costs.
The only other alternative is to contact community organizations and churches who sometimes have funding that can give temporary assistance for this type of situation to get you through the penalty period until she can qualify again.
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