Legal Question in Elder Law in Massachusetts

Medicaid claim and civil action against gifts

Parent gifted assests to child caregiver. Gift tax and forms to Medicaid state all was legal. Estranged siblings pressure 90 year old parent to sue caregiver child for money back but continue to claim to medicaid all was legal. In Massachusetts can a person sign documents and tell Medicaid no assests and then go to civil court and claim child stole assets? Shouldn't this be fraud? The judge is being ignorant by not addressing the fact that plaintiff tells medicaid no assets and in civil court claims they are his.


Asked on 12/25/07, 11:59 am

2 Answers from Attorneys
Alexandra Golden Golden Law Center

Re: Medicaid claim and civil action against gifts

This sounds a bit mixed up. When were the gifts made? When was the Medicaid application filed? Is Parent competent to file suit? Is Parent looking to get the money back as part of the suit, or are the siblings looking for a cut? Are the parties being represented by attorneys who actually know the Medicaid regulations and have spelled out the implications if the money actually comes back to the elder?

I would step very carefully here -- and definitely suggest that you retain counsel if you are one of the parties.

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Answered on 12/25/07, 12:42 pm

Re: Medicaid claim and civil action against gifts

The issue is not whether the gift was made for Medicaid purposes, but whether the gift was fraudlent. If fraudlent, it would be returned and Medicaid will claim all the returned funds less legal fees.

If you do not have counsel, I suggest you get one ASAP. The judge should be apprised of the relevant impact of the suit and you can notify Medicaid. But these decisions should be made by your counsel.

Make sure your counsel is familiar with Elder Law as well as being a litigator.

Good Luck

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Answered on 12/25/07, 4:14 pm


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