‘Tis Better to Give than Receive, but … It’s the giving season. Whichever holiday you celebrate, most enjoy showing their affection by giving gifts to loved ones. For larger families, these gifts can amount to a lot of money each year.

And that’s wonderful, but if you might need to apply for Medicaid long-term care benefits, you need to be careful. Giving away money or property can jeopardize your eligibility. Here’s why you need to speak with an experienced elder care/elder law attorney about gifting.

If you give assets away to someone other than your spouse within five years before applying for long-term Medicaid, you might be ineligible for benefits. Medicaid pays for some or all your care at home, in an Assisted Living Community, or in a Nursing Home.

The length of time you’ll be ineligible depends upon how much you give away. Even small gifts affect eligibility. The 2017 IRS rules allow gifts up to $14,000 a year, but Medicaid rules allow the government to deny benefits anyway.

And there is no exception for gifts to charities. So, gifts for holidays, weddings, birthdays, and graduations could all cause ineligibility. If you buy something for a friend or relative, this could also result in a denial.

If you face this problem, you can overcome it, but you’ll need help. To overcome a denial, you’ll have to prove by “clear and convincing evidence” that the purpose of the gift had nothing to do with becoming eligible for Medicaid. “Clear and Convincing” is almost the same as “Beyond a Reasonable Doubt.”

So, before giving away assets or property, check with your elder law attorney to ensure that it won’t affect your Medicaid eligibility. Contact us today with any questions you may have.