Legal Question in Elder Law in Ohio

My mother recently moved to a assisted living facilty from her Michigan home to an Ohio assisted living facility. They did a finincial background check on her before accepting her. The monthly payments are covered by her social security, my dad's pension and interest from her investments. We are planning on selling her home this year. My sister seems to think she can no longer gift us the allowable amounts ($12,000). Is this true?


Asked on 5/11/11, 1:12 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Any gifts that your mother makes to anyone could impact her ability to qualify for Medicaid in the future. Right now your mother is able to cover the payments but if she needs a higher level of care she may not have enough funds to pay for that care. If she applies for Medicaid they will look at any gifts that were made in the five years before the application and disqualify her from Medicaid for a period of time.

You should consult with an experienced elder law attorney that can assist in making sure that your mother is able to continue to get the care that she needs and that her assets are protected.

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Answered on 5/12/11, 7:02 am


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