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General information from a recorded webinar, not legal advice for your situation.
Do small gifts count for Medical Assistance?
Short answer
Yes. Medical Assistance looks back five years before you apply. Any gift during that time, even birthday, wedding or graduation gifts, must be reported and can trigger a penalty period. There is no minimum amount that is safe to give.
Key points
- The lookback period is 60 months.
- All gifts count, large or small.
- Plan before gifting if care may be needed.
Lauren FinkFounding attorney, Everbright Legacy Law
Read this part of the transcript
So with transfers, there is a 60-month lookback period where when you apply for medical assistance benefits, there are five years preceding that application during which you must disclose on the application anything that you gave away or anything that you sold for less than value. And then those transfers have to be reported, and what happens is that a penalty period can be imposed for the value of those transfers. This applies for anything. So any birthday gift, wedding gift, graduation gift. There’s no de minimis amount of gifting that can be done if you are applying for medical assistance benefits. And what happens with the funds that were gifted is that whatever that amount that was gifted during that lookback period, it’s divided by a certain number, which is the state average payment to a skilled nursing facility.
Created automatically from the recording. Full transcript on the webinar page.
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