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Can You Transfer Assets Using Medicaid’s Disability Transfer Exception?

The Medicaid exception refers to a transfer to a special needs trust (also called supplemental needs trust). Even after moving to a nursing home, if you have a child, other relative, or even a friend who is under age 65 and disabled, you can transfer assets into a trust for his or her benefit without incurring a period of Medicaid ineligibility. If these trusts are properly structured, the funds in them will not be considered to belong to the beneficiary in determining his or her own Medicaid eligibility. In order to be the beneficiary of a special needs trust, you need to have a disability as defined by Social Security law. For information on what is considered a disability, click here.

Special needs trusts must be structured in a very particular way and should not be done without an attorney.

For more information, email medicaid@RaphanLaw.com

#guardianships #medicaid #specialneedstrusts

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The information on this site is not, nor is it intended to be legal advice and does not automatically create an attorney/client relationship.  On negligence and medical malpractice cases we may participate or partner with other counsel with disclosure to potential client before we or such partnering counsel accept the case.           © 2020 Brian A. Raphan, P.C.

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