How to fix violation of Medicaid's 5-year look back period
Attorney Robert Hidock: We had a gentleman who sold his condo two years ago, and then split it four ways with his four kids. Now, he has no assets, $5,000 a month in income, and he needs to apply for Medicaid. He violated Medicaid's five-year look-back period by giving away all the proceeds from the sale of his house, which would not have even been a countable asset.
Now, that it's how do we get this person to qualify for Medicaid? Can it be done? It can be done. It can be done one of two ways. One, it's you put the money back, and then I can do a personal services contract, and give it right back to you. In this case, they don't have the money to give back, because they've spent it all. We have to do a personal services contract with special spend-down documents that will allow for that gifting, and allow them to qualify for Medicaid.
Attorney Tom Olsen: The point about that is that most people out there understand that there's a five-year look-back period for qualifying for Medicaid, but the tools that we use here at the Olsen Law Group are Medicaid-compliant tools, we can work a lot around that.
Robert: Absolutely.
Tom: We can even undo the mistakes that people made in the past.
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