Cleveland, OH asked in Elder Law and Public Benefits for Ohio

Q: I recently moved my 95 yr old grandpa from Florida to a Ohio nursing home. I also paid for his car to be transported to

Ohio. He would like to gift the 2009 car to me. He will be applying for Medicaid when his funds run out. How should I proceed? I don"t want him to have any problems with Medicaid if he does this.

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1 Lawyer Answer
Beverly A Stull
Beverly A Stull
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 = number of months). The other approach would be to make the argument that it was gifted for a reason other than to qualify for Medicaid, ex. in exchange for its transport. An elder law attorney can assist you with this.

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