We are in the process of obtaining guardianship of my FIL at this time. We have not gotten to the point of accounting for his assets, but I do have a question. Will we as guardians be able to transfer funds in order to prepare for medicaid for daddy's need to eventually go into the NH? Or is that not allowed under the guardianship? Also, I'm not sure that I understand the issue of his car and trailer. If daddy does go into the NH and he still owns them, will Medicaid file a claim on them when he passes away? Or since he will have no intentions of ever returning to the trailer (he's been with us for 1 1/2 years now) and he has had his license taken away, are they counted as an assets now? I'd prefer to try to sell these as soon as possible, just to get them out of the way, but we do want to do the wisest thing also. (Especially as there are 5 othere siblings waiting and watching for us to mess up!) Thanks alot!
Linda
Posts: 11 | Location: Edgewater, FL, USA | Registered: Tue November 04 2003
<Anna>
Posted
My Aunt is presently in a Nursing Home. I am trying to lower her assets to get help with Medicaid before she is completely broke. She has Annunities and a Trust. I am her POA etc. I was told that she does not have to claim the Annunities to qualify for Medicaid because there is a beneificary to these Annunities. Does anyone know if this is correct? If that were the case, then she would only have to disclose her income which is below the $1600. level. I would appreciate any help on this asap. Thanks so much everyone!
<gilda>
Posted
dear anna, if she is in a nursing home in florida, i can help get the answers to your questions, please call me at 72-418-7954 gilda
Anna, your question is a good one. Are you in Florida? The Medicaid laws differ from state to state. In Florida she does have to claim the annuities as these are assets and will be counted in her asset level. In some rare cases an annuity will not be an asset, rare cases, in these special annuities the income is only counted. I would need to know more info on the annuity in question.
Sean.
Sean W. Scott, Esq. Florida Elder Law Attorney
Posts: 53 | Location: St. Petersburg, FL | Registered: Mon September 22 2003