Elder Law Answers
Protect Your House When You Want to Qualify for Medicaid
While you generally do not have to sell your home in order to qualify for Medicaid for nursing home coverage, it's possibl...
Read moreWhen Can Mom Qualify for Medicaid If She Gifts Her Property?
- October 24th, 2023
Q
My brother and I own a property jointly with my elderly mother. She cannot qualify for Medicaid because of it. How long will it take to be able to qualify, if she gifts the property to me (my brother doesn't have an issue with this), for her to be able to receive skilled nursing home benefits? She has been diagnosed with failure to thrive and cannot perform activities of daily living (ADLs). She lives alone and has a fractured shoulder and peripheral neuropathy.
A
It's normally five years, though could be less if your mother’s interest is relatively low value. However, we encourage you to consult with a local elder law attorney because there may be some exceptions available that could allow your mother to qualify for Medicaid without transferring the property.
If you rent out the property, it may be considered business property essential for self-support. If you don’t, it might be considered inaccessible if you and your brother refuse to sell it. A local elder law attorney could tell you what strategies are most likely to work in your state.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
Last Modified: 10/24/2023