Elder Law Answers
Will My Mother's House Have to Be Sold If She Goes on Medicaid?
My sister lives with my mom, who has reached the stage where she needs to be in a full-time care facility. My mom owns the...
Read moreHow Will My Aunt's Help in Buying the House We Both Live in Affect Her Medicaid Eligibility?
- February 13th, 2015
Q
My aunt gave me $35,000 to help me buy my house. She lives with me and participates in the payments of bills, maintenance, etc. What do I need to do to help her not to lose her benefits if needed down the road? How will this affect her if she needs services later?
A
If your aunt doesn’t need to apply for Medicaid benefits until more than five years after the gift, it doesn’t need to be reported. However, if she does need Medicaid-covered care before then you will have to establish that the payment was in exchange for the lodging and care you are providing. It is best that this be reflected in a written contract between you and your aunt, which should be drawn up by a local elder law attorney who knows the practices in your state.
For more on caregiving contracts, click here.