If I’m on SSD and Medicaid but am getting a settlement from a bladder mesh sling, is there a trust that I can set up so that I can protect my benefits since I can’t afford to loose my Medicaid?

Asked on September 18, 2015 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have control of the money, whether it is in a trust or otherwise, then it is considered your money--i.e. an asset of yours--and will be counted against you for Medicaid. Even if you don't control it, if you receive payments annuities, dividends, interest, whatever, that income will be counted against you. There is no way to have the money--i.e. to not give up entirely--that will guaranty it will not be counted against you for Medicaid purposes. After all, if there any reasonable way to do this, everyone would do it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.