Legal Question in Elder Law in Ohio

Let say my mother who has been living with me for 20+ yrs and is 83 yrs old. She has always been very generous with herself, me and my daughters. Over the yrs she has given things and gifted us monies. She also paid for some groceries and household things since she has lived with me. Let's say we never thought she would have to go to nursing home care but had a stroke and now can not live at home. I am told there is a 5yr "look back" window of where her monies have gone? No one knew she would need nuring home care, the monies gifted to myself and daughters has been spent and she herself live very nicely for the last 20 yrs. How can they go back 5yrs when we had no idea this is what it would come to and say we would have to repay this money? Where is the money to come from, we can not return her things etc??? can you explain??

Asked on 10/21/09, 7:53 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If you are trying to qualify your mother for medicaid they will look back for five years to determine if any transfers occurred. They will probably not consider money spent on groceries or household things.

If your mother made gifts of money to you and your daughter there would be a penalty period determined by the amount of gifts divided by the average nursing home rate per monthy roughly $5,000.00. She will not be able to qualify for medicaid during this period and will have to private pay.

There may be some planning that you can do if your mother lived in your house and you provided care for her.

You should consult an elder law attorney to discuss the facts of your situation.

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Answered on 10/21/09, 8:37 pm

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