Question: If I have a disabled child, am I permitted to give assets to that child and still qualify for Medicaid?
Answer: Yes, and such gifts avoid the “5-year look-back rule,” if the child qualifies for Social Security disability benefits. You may give those gifts directly to the disabled child, but that gift may disqualify the child from receiving those benefits. It may be better to create a trust that is exclusively for the benefit of that child. You should discuss this strategy with an experienced elderlaw attorney.
-Jack N. Alpern, Esq.