Trust me – I’ve seen
it happen.
I recently met with a couple
in which the wife needed long-term care. They told me they had given
financial help to their divorced daughter. When I told them their
gifts were going to cause them severe penalties now that the wife
needed care, they were devastated.
In fact, the Deficit
Reduction Act of 2006 (DRA) has caused devastation for a lot of
senior couples.
Imagine a healthy senior
couple who had given $10,000 to a grandchild, say, for a semester
overseas. Totally innocent, and very sweet, right? Well, the DRA
doesn’t see it that way. They tend to believe that money is given
away in order to qualify for Medicaid. So if either Grandma or
Grandpa apply for Medicaid during the next five years, their Uncle
Sam is going to ask why they gave money away. And if this
not-so-kindly uncle sees that they’ve given away more than $500,
he’ll figure out a penalty period during which they won’t be
eligible for benefits.
The gift to their grandchild
is attributed to both Grandma and Grandpa – no matter who actually
signed the check. And their “crime” could be punishable as long
as five years later!
I call this the “Medicaid
time-bomb.” A gift that you gave out of love could come back to
haunt you five years later. And, even though you may now need
long-term care, and may not have the money to pay for it…that’s
not the government’s problem. You’re on your own.
In this imaginary case, the
gift was $10,000. The State of Florida figures long-term care costs
as about $5,000 a month. So Medicaid will not pay benefits for the
first two months.
The moral? Don’t even
think about applying for Medicaid without seeing
an Elder Law attorney who specializes in long-term care benefits and
estate planning! At The Law Offices of Alice Reiter Feld &
Associates, we’ve succeeded in reducing the penalty period for many
of our clients – and, in some cases, even getting it dismissed.
Over the last 33 years,
we’ve helped thousands of South Florida families ensure that their
loved ones are not broke, sick, and on the street!
And we’re just a phone
call away.
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