Will using my dad’s money to pay my bills cause Medicaid to take action against him?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will using my dad’s money to pay my bills cause Medicaid to take action against him?
I have no legal guardianship over my father but have been taking care of him for the past 4 years using only his income to support us both. He recently needed additional care and I am currently applying for Medicaid for him now. My father told me to pay off my bills and debt before Medicaid takes all of his money and I was curious if there would be a legal ramification from taking his advice or if he could be denied for divestment by Medicaid. I should also note that his only asset is his income.
Asked on April 16, 2017 under Criminal Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, if you use your father's money to pay your own expenses, Medicaid can take legal action against you to force you to repay all amounts you have received from him or used from his funds for up to the past 5 years before he started using Medicaid. The law does not let someone receiving or about to receive Medicaid transfer his money (even indirectly, like by paying bills) to a family member; his money is to be used for his support.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.