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If an elderly person had some money and gave most of it away…

If an elderly person...

If an elderly person had some money and gave most of it away to relatives a couple years before having to go to a nursing home, what happens to them when they run out of money but it hasn't been the 5 years yet. State is Illinois

Lawyer's Assistant: Have they talked to an IL lawyer about this?

Well if I had I wouldn't need to be on here

Lawyer's Assistant: What steps have they taken so far?

None just trying to see what is down the road. She has enough to pay for about a year

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dont think so

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Answered in 5 minutes by:
3/28/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,222
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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There is a pro rated penalty.If its been say 3 years you are looking at a 2 year penalty from medicaid.The longer it has been the lesser the penalty here with look back.

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Customer reply replied 3 months ago
What kind of money are we talking about and who has to pay that

If persons transfer assets for less than FMV, the State will apply a penalty, or “penalty period,” that delays the date they can qualify to receive Medicaid long term care services. Previously, the penalty periods began in the month the assets were transferred. As of January 1, 2012, the penalty periods will begin on the date of the asset transfers or the date the individual enters a nursing home and is found Medicaid eligible, whichever is later.

Here they just penalize you eligibility time.In other words you can be denied medicaid for a year here or whatever period.

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You need to ask about a hardship waiver, they can waive the penalty when the time comes.

Reference

https://www.illinois.gov/hfs/MedicalProviders/ltss/ltc/Pages/HighlightsLTC.aspx

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Customer reply replied 3 months ago
what happens to that person if there money is gone are they just kicked ou?

The medicaid folks could find hardship and waive the penalty.You certainly want to ask for such a waiver here if the money is gone.And yes unless it is granted the person is private pay for these months/years here.

More here

http://coulsonelderlaw.com/understanding-medicaid-lookback-transfer-penalty-rules/

I wouldn't give up ask about a hardship waiver, it might well be granted if it has been awhile and money is gone.

I appreciate the chance to help you , prayers to you and your mom here.

If you can positive rate5 stars it is much appreciated.

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WAG 01-08-00

A person receiving or applying for long term care medical benefits in a nursing home (NH), supportive living facility (SLF), or through the DoA Home and Community Based Services (HCBS) waiver may apply for a hardship waiver if the person is denied such medical assistance due to:

  • a penalty period arising from a non-allowable transfer of resources; or
  • equity interest in the applicant's home exceeding $536,000.

A waiver may be granted if it is determined that the exclusion of NH, SLF or DoA waiver services would deprive the person of:

  • medical care such that the health or life of the person would be endangered; or
  • food, clothing, shelter, or other necessities of life.

A hardship waiver may be requested by any person residing in a nursing home, SLF, or receiving DoA HCBS waiver services, or by the person's authorized representative. A long term care facility may submit a claim of undue hardship on behalf of their customer if they have written authorization from the person or their authorized representative.

The person has the burden of proof that actual, not just potential, hardship exists, and must provide written evidence to clearly substantiate the circumstances supporting the hardship claim.

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Application form

https://www.illinois.gov/hfs/SiteCollectionDocuments/hfs2378wa.pdf

These are usually granted if it has been several years and it is clear it wasn't fraud, aka you trasnfer it one day and applied the next.

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Thanks again and thanks for rating 5 stars here.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,222
Experience: 30 years in civil, probate, real estate, elder law
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