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Frequently Asked Questions: Elder Law

Can I give my assets away to qualify?

Under certain circumstances you may do so. When you apply for Medicaid, there is a five-year look-back period. Any gifts that you have made within that five-year period cause you to be disqualified from receiving Medicaid for a period of time based on the amount of the gift you gave away. Therefore, if you have made gifts more than five years prior to your entry into the nursing home, you will not have a problem with these gifts. If, however, you have made such gifts, you will need to be a privately paying patient for a period of time until your ineligibility is exhausted.

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