Q: If a person on SSI/medicaid wanted to go on a cruise, are they able to pay for their caretaker's ticket without penalty?
I'm physically disabled from brain cancer. I require a wheelchair, receive SSI/Medicaid and have a registered in-home caretaker from the state of Michigan. I would like to go on a cruise, but it would be necessary that my caretaker come along with me. Can I pay for their ticket and have it count toward a "spend down" of a $10,000 inheritance that I received?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A:
The $10,000 inheritance is disqualifying income in the month of receipt. There is not much you can do about that. If you still have that money on hand on the first day of the following month, sitting in a regular ol' checking account, for example, it will be a countable asset and that will again disqualify you as being over resourced.
The key minimizing the damage to your benefits is to "get rid of" the money in the same month as it is received. There is more than one way to do this. Yes, spending it on whatever you want that does not create a countable asset is one way to do it. You could go on a cruise and, yes, pay a caregiver to accompany you.
There are other options as well, depending on your circumstances. You might be eligible to open an ABLE account or create a first-party special needs trust, or maybe you would like to put the money in a pooled trust. An experienced elder law attorney can help you determine which option is best for you.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
