Many people are concerned that they may have to reside in a nursing home, resulting in great expense to themselves and their family members. First, let us assure you that the State of Ohio will not take any of your property if you enter a nursing home! Nor will the State require your children or other family members to pay for your nursing home care.

The taxpayers of this State will not, however, make Medicaid payments for a person while that person is able to pay his or her own way! This leads to the following question which often arises, "Is it possible for a person to transfer assets from a nursing home-bound relative in order to shorten the time before the person will be eligible for Medicaid assistance?"

Medicaid assistance will be available if certain criteria are met. These criteria have to do with certain categories of persons (such as those over age 65, the blind or disabled, etc.) who meet certain requirements concerning resources and income. Some of a person's assets are not counted with regard to the resources limitation (presently $1,500.00 maximum assets), such as the residence in which the spouse of a Medicaid applicant resides, and an irrevocable pre-paid burial plan. Some assets are counted even though they have been given to someone else during the 30 month period preceding application for Medicaid.

The ultimate issue is a moral decision as well as a legal decision: Is it proper to pass property of a needy person on to his or her relatives so that the taxpayers of this State have to support that person?

A related question is this: "Is it the property owner - or his relatives - who are wanting to give that person's property away." The conflict of interest raised by this question probably requires that all parties have separate legal counsel.

WARNING: The foregoing information is presented for general illustration purposes only, and is NOT necessarily complete nor is it intended to be relied on as legal advice. Each person's estate needs to be planned on an individual basis!