QUESTION
Can my Aunt give me her car free of charge being private pay in a nursing home?
Asked on Aug 15th, 2011 on Elder Law - New York
More details to this question:
My Aunt is private pay until her money is gone and she can go on Medicare. As Medicare goes back five years into her finances, am I able to receive this car as a gift? How do I go about with this transaction with DMV and paperwork. I have never owned a car before.
1 ANSWER
Eventually your aunt may need Medicaid coverage. You need to distinguish Medicare from Medicaid. Medicare generally comes with Social Security. It covers 100 days of skilled nursing home care per spell of illness. It has no resource or income test. Medicaid is a poverty program for people with few assets and low income. Some assets, such as a car, are exempt. Your aunt could keep her car. For nursing home coverage, the Medicaid agency looks back at any transfers in the last 5 years. You could claim that since a car is exempt, the transfer was exclusively for reasons other than to qualify for Medicaid. Before any transfer is done you should contact an elder law attorney in the area where your aunt resides. This response is general in nature and not legal advice. No attorney client relationship is formed by it.
Answered on Aug 16th, 2011 at 11:52 PM