If my grandmother can’t afford nursinng home care, can Medicad take the property she donated to me 2 years ago?

She’s my grandmother but she donated a house and acre of land to me 2 years ago. My family and I live here. Can they kick us to the streets so the nursing home gets paid? She also donated a house to her daughter with an acre.

Asked on August 17, 2012 under Bankruptcy Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is something in cases like this known as the "look back period". What this means is that Medicaid will look back into a patients finances for a period of 5 years. Any transfers for less than fair market value can be undone and the state can take the property to offset a patient's nursing home expenses. Since your grandmother gifted you her home, this would appear to be a voidable transaction.

At this point, you should speak with an attorney in your area who secializes in elder care law. You can go over all of the details of your situation and they can advise you accordingly.


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