- Jurisdiction
- Georgia
Hi,
We are trustees of Medicaid Asset Protection Trust created for out mother more than 5 years ago. She will be moving into an apartment built as an addition to my sister's home. We have used money from our mother's assets outside the trust to make a down payment, and for the final payment, we will use money from sell of current house (the house being owned by the trust) to make the final payment for apartment. My questions are:
1) Is the down payment from her personal assets for apartment allowed toward "spend down" to qualify for Medicaid?
2) After Mom uses home care Medicaid services and has passed away, can Medicaid come after that portion spent for down payment under MERP?
3) When her house is sold, do we, as trustees sign the papers, or does Mom, even though the house is in name of trust?
4) When she has new apartment built, does she have to have a new trust created to protect the apartment from MERP?
5) Or can we consider the apartment addition to the house as belonging to my sister and therefore safe from MERP?
We tried to contact the lawyer who drafted the trust 7 years ago, but he does not respond after several attempts, so we could use some legal help. Thank you.
We are trustees of Medicaid Asset Protection Trust created for out mother more than 5 years ago. She will be moving into an apartment built as an addition to my sister's home. We have used money from our mother's assets outside the trust to make a down payment, and for the final payment, we will use money from sell of current house (the house being owned by the trust) to make the final payment for apartment. My questions are:
1) Is the down payment from her personal assets for apartment allowed toward "spend down" to qualify for Medicaid?
2) After Mom uses home care Medicaid services and has passed away, can Medicaid come after that portion spent for down payment under MERP?
3) When her house is sold, do we, as trustees sign the papers, or does Mom, even though the house is in name of trust?
4) When she has new apartment built, does she have to have a new trust created to protect the apartment from MERP?
5) Or can we consider the apartment addition to the house as belonging to my sister and therefore safe from MERP?
We tried to contact the lawyer who drafted the trust 7 years ago, but he does not respond after several attempts, so we could use some legal help. Thank you.