Legal Question in Elder Law in Michigan

Medicaid spend down

When trying to do a spend down can a married couple each gift their children and grandchildren and if so what is the max amt.


Asked on 9/20/07, 8:53 pm

2 Answers from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Medicaid spend down

No. Gifting for Federal tax purposes is still considered a divestment (transfer that will cause a penalty) for Medicaid purposes. There are very good ways to accomplish what you want but I suggest you seek the advice of a competent elder law attorney in your area. Let me know if I can help.

Sandy

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Answered on 9/20/07, 8:57 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Medicaid spend down

Spending down is not a good option under most circumstances since MediCaid has a look back provision, and there are far better options. Consult an attorney knowledgable in Medicaid planning.

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Answered on 9/20/07, 9:33 pm


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