Under federal Medicaid law, if you transfer certain assets within five years before applying for Medicaid, you will be ineligible for a period of time (called a transfer penalty), depending on how much money you transferred. Even small transfers can affect eligibility.
The Irrevocable 5 Year Look Back Trust is a planning tool that many parents should consider as a method to maintain their income for life, yet protect their children in the event that long term care becomes necessary.
The general rule is that if a senior applies for Medicaid, is deemed otherwise eligible but is found to have gifted assets within the five-year look-back period, then they will be disqualified from receiving benefits for a certain number of months. This is referred to as the Medicaid penalty period.
When you apply for Medicaid, any gifts or transfers of assets made within five years (60 months) of the date of application are subject to penalties. Any gifts or transfers of assets made greater than 5 years of the date of application are not subject to penalties. Hence the five-year look back period.
The basic rule is that all your monthly income goes to the nursing home, and Medicaid then pays the nursing home the difference between your monthly income, and the amount that the nursing home is allowed under its Medicaid contract. ... Medicaid also allows a few other exceptions.
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule. If you die within 7 years of giving a gift and there's Inheritance Tax to pay, the amount of tax due depends on when you gave it.
2) Medicaid Exempt Annuities
Annuities, also referred to as Medicaid Annuities or Medicaid Compliant Annuities, are a common way to avoid violating the Medicaid look-back period. With an annuity, an individual pays a lump sum in cash.
For your personal assets, such as your home you can hide your ownership in a land trust; and your cars you can hide in title holding trusts. These documents can keep your association with these items out of the public records.
This means that, in most cases, a nursing home resident can keep their residence and still qualify for Medicaid to pay their nursing home expenses. The nursing home doesn't (and cannot) take the home. ... But neither the government nor the nursing home will take your home as long as you live.
The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.
If your name is on a joint account and you enter a nursing home, the state will assume the assets in the account belong to you unless you can prove that you did not contribute to it. ... This means that either one of you could be ineligible for Medicaid for a period of time, depending on the amount of money in the account.
You may have up to $2,000 in assets as an individual or $3,000 in assets as a couple. Some of your personal assets are not considered when determining whether you qualify for Medi-Cal coverage.
Annuities are of less benefit for a single individual in a nursing home because he or she would have to pay the monthly income from the annuity to the nursing home. ... Income from an annuity can be used to help pay for long-term care during the Medicaid penalty period that results from the transfer.
Some people believe that in California Medicare has the power to seize their assets to pay for hospice. You may be relieved to learn that this is simply untrue. ... However, if you're unable to pay those premiums or co-pays, then none of your assets will get seized.
Neither the state nor the federal government has any particular requirements about how the Social Security check gets to the nursing home. ... In that case, the check could come to the resident or the spouse in the community and they would be responsible for paying the balance to the nursing home.
Medicaid will count your IRA or 401k as an available source of funds to pay for your care, unless it is in payout status. ... However, if you're getting Medicaid nursing home benefits, the nursing facility is entitled to all of your monthly income except $50.
A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner. To shield your assets from the spend-down before you qualify for Medicaid, you will need to create an irrevocable trust.
A living trust can protect assets from a nursing home only if the trust is irrevocable. An irrevocable trust can provide asset protection because with this type of trust, the grantor — the trust creator — doesn't own assets in the trust from a legal standpoint.
The lookback period is the five-year period before the excess benefit transaction occurred. The lookback period is used to determine whether an organization is an applicable tax-exempt organization.
The $10,000 annual "limit" on gifts to one person (now $14,000 in 2016) is a rule of tax law and has no relation to Medicaid law. ... A person can give away a million dollars if she wants. There may be tax and Medicaid consequences, but there is no law that limits how much money a person can give away.