While most transfers by a Medicaid applicant would make the applicant ineligible for Medicaid benefits for a period of time (called a penalty period), there is an exception if the applicant transfers assets to a disabled child. Transferring the assets directly to your sister, however, could negatively affect her ability to receive disability benefits. Your sister can protect her benefits if she has a special needs trust. These transactions are very complicated and should be handled by an attorney. Here is a directory of attorneys who work in this area of the law: http://specialneedsanswers.com/special-needs-planner
For more information on Medicaid’s asset transfer rules, click here.
For information about special needs trusts, click here or visit our sister website, Special Needs Answers.