Will using my dad’s money to pay my bills cause Medicaid to take action against him?

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Will using my dad’s money to pay my bills cause Medicaid to take action against him?

I have no legal guardianship over my father but have been taking care of him for the past 4 years using only his income to support us both. He recently needed additional care and I am currently applying for Medicaid for him now. My father told me to pay off my bills and debt before Medicaid takes all of his money and I was curious if there would be a legal ramification from taking his advice or if he could be denied for divestment by Medicaid. I should also note that his only asset is his income.

Asked on April 16, 2017 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if you use your father's money to pay your own expenses, Medicaid can take legal action against you to force you to repay all amounts you have received from him or used from his funds for up to the past 5 years before he started using Medicaid. The law does not let someone receiving or about to receive Medicaid transfer his money (even indirectly, like by paying bills) to a family member; his money is to be used for his support.


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