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After asking here re exceptions (since someone said "she's all yours for the next 5 years" ~~ w/a crushed-back/can't-lift-ditz situation, I can't do it if comes to that), since this was re a "NEED," not grandma sending someone on a cruise(!!), I kept reading here & there and found something that sounded like there are sometimes some "exceptions," after all. Will try to find that again & paste here:

"But are you familiar with the various exceptions to the penalty, and will you be able to argue that such exceptions apply in your case, thereby avoiding any penalty?" (it didn't explain what they are, but we will be looking for them, because we know already what we cannot physically do)

Thanks, anyway.
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Stuck -Pam's right that it doesn't matter to whom the gifting was to or for. Gifting has a transfer penalty.

Probably the only to get around this are 3 possibilities:
1. set up a special needs trust account for an already qualified disabled child who the elderly parent was providing care or support for. Like an 85 yr old mom sets up a special needs trust for her 65 yr old son who had polio in the 1960's and who is moms dependent & member of her household. OR
2. Mom files a report with police & APS naming the persons gifted $$ as stealing from her & coercing her to have given them her money. The police then get an arrest warrant on them. The police report, warrants & APS investigation will provide the documentation for an exemption to be done by Medicaid on the gifted $$. Mom & her DPOA will have to go nuclear to get #2 done.
3. Decide what room mom is going to move into for 5 years & what shifts family share & do whatever to make the giftees do their share.

The transfer penalty starts the date of the filing of the Medicaid application. So you either have to wait 5 years & a day to file to get around a penalty or start the penalty period the date the application is submitted. If mom goes into a NH Medicaid pending and a transfer penalty hit happens, realize that the facility will be notified of the penalty by medicaid and the NH will come after whomever they can in family to get the bill paid. If yours is a filial responsibility state, it will become your legal issue to deal with as the NH will come after whomever to get paid & the DPOA faces negligence issues, etc.

The choices are stark & limited.
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Nobody wants to go to a nursing home. The best way to assure you never do is to give all your money to your kids. Then they are stuck with either keeping you or magically coming up with tens of thousands to pay the nursing home. Sorry, but that is the ugly truth. No exceptions either.
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