Cincinnati, OH asked in Elder Law for Ohio

Q: My dad recently moved into a managed care facility. My brother filled his Medicaid paperwork out so I don't know detail

What am I to do with his car? Sell it and hand the money to the managed care? Keep renewing the registration and pay insurance while it sits? I'm afraid to drive it myself since I don't want to cause any issues that would make my dad lose his Medicaid benefits and I fear getting in an accident. I think Medicaid will try to recover value at the end of things but until then it's going to otherwise sit. The car is sitting in front of my house since my dad's house is sitting empty.

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1 Lawyer Answer
Moshe Toron
Moshe Toron
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If you sell the car, the funds must be spent down within 30 days. It is not sufficient to just hand over the funds to the facility. Perhaps the funds can be used to pay for a prepaid funeral plan.

Also, if you let his house just sit there, then when he passes away, Medicaid will put a lien on it and try to recover any sales proceeds.

There are better options than allowing that to happen.

I would advise you to speak with an elder law attorney. Many elder law attorneys will give you a free initial consultation.

An elder law attorney will be able to advise you on what to do about the house. There may be opportunities available to keep the house in the family or sell it and keep a certain amount of funds in the family. It is at least worth a discussion.

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