QUESTION

How long does a trust need to be in effect so a nursing home can not take it for a persons care:

Asked on May 19th, 2014 on Trusts and Estates - New Jersey
More details to this question:
My mother put some of her assets in a trust four years ago. She is now in a nursing home. How many years can they go back to take this trust for her care.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
There is a five year look back.  If your mother is in a nursing home she will have to pay for the care she is receiving.  If she runs out of money she can continue to get care  through Medicaid, but she has to prove she has spent her own money.  If the money has been in a trust for more than five years, Medicaid will not require her to spend those funds. 
Answered on May 22nd, 2014 at 8:49 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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