Elder Law Answers
Will Making My Trust Irrevocable Mean a Medicaid Penalty?
I recently had my living trust updated after 20 years. Now I regret that I didn't convert t...
Read moreWill Making Donations Make Mom Ineligible for Medicaid?
- September 6th, 2023
Q
My mother is 93 and is in a nursing home with dementia. As POA for my mother, am I allowed to make donations to her church, St. Jude, and other organizations she has given to in the past without penalties should she need to apply for Medicaid?
A
That could depend on your local Medicaid office. Technically, any gift could cause a period of ineligibility for benefits. However, if the donations are small and consistent with your mother’s past giving, the Medicaid agency may view them as de minimus and not impose a penalty. But the safest approach is to refrain from making any further donations.
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.