How Can a Trust Help- Medicaid
That’s a good question, what I understood the question as is, “does Medicaid have a right if the recipient passes away within three years of the funding of the trust, where the money is actually put into the trust?” It all depends on where the money came from whether Medicaid has a right to do anything with the money. There is no time limit on that right, it all depends on where the money comes from. If the money already belonged to the Medicaid recipient they always have a right to recover against it, there’s no three year look back period, no five year, it’s forever. If the money never belonged to the Medicaid recipient, if it’s your money and you are leaving it behind for them, then Medicaid never has a right to take that money, at least so far. Laws can change and budgets are tight but they will have a very hard time overcoming that because that follows property law. The history of property law in Georgia and in the united states goes way back to England while we were still a colony. Property law is one of the fundamental rights of a U.S. citizen, it’s the right to own property and to determine what happens to that property. For them to come back and say “ok, now we’re going to take your property because we provided Medicaid to this person over here, they’re going to have a real constitutional problem trying to make that argument. That’s one of those things that will probably always be a winning argument if the money never belonged to the Medicaid recipient. If it’s your money, you get to do with it what ever you want. If you want to put it in a trust and put all kinds of rules around it? You can do so.
Nadler Biernath LLC assists clients in the Atlanta, Georgia area and throughout Georgia including Kennesaw, Alpharetta, Roswell, Marietta, Buckhead, Johns Creek, Duluth, East Cobb and Dunwoody.