The law changed - does that mean she's eligible for Medicare now?
My family member was in a nursing home in Kentucky. She had no children and her husband passed away before her. He didn't have a will but she did. Her will was made four years before she went into the nursing home. When she entered the nursing home we were told that Medicare couldn't take her property for her care because at that time the law stated that a will must be made at least three years before entering a home. Several years after she was in the home the law changed and the will had to be made five years before entering. Does this mean that her property can be claimed be the state? How can the law change and back up to the date she entered? Would she just owe what they paid from the time of the law change?
Expert Answer
You should contact an Elder Law attorney as soon as possible because the Medicaid laws do differ significantly from state to state. You refer to "Medicare" in your letter, but it actually is "Medicaid" which is a different program that has the authority in some situations to levy on a home of a Medicaid recipient.
I believe you are confused about the Medicaid law that permits gifts that have been made five years before a person goes into a nursing home being able to escape the grasp of Medicaid when that person dies. Making a Will does not make a gift of the home until the person has died and the Will is probated. Therefore the home is in jeopardy. Again, I suggest that you contact an elder law attorney to see what can be done to help.