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I reside in Texas where I have seen a number of conflicts in stories about Medicaid denying benefits despite a ladybird deed signed and in effect. I met with an Elder Attorney who has advised that my aunt, who currently resides with me, she having an annuity of approx 200k, liquidate same and purchase my house in order to meet the spend down, then do a ladybird deed naming me as beneficiary along with it being placed in an irrovocable trust naming me as trustee. My question here is can Medicaid deny her based on the fact that I may be required (as indicated in a number of posts) to have to denounce and sign off a revocation of the ladybird deed before consideration and approval by Medicaid? Currently, we are looking at facilities for which to have her placed in the next 60-90 days. also, should I sell to my aunt as indicated above, what happens to my homestead as I will no longer be listed on the title?...will or can same then be homesteaded if feasible in my aunt's name and if so, as holding Durable POA, can I do so on her behalf?

smithsussane · Posted: Wed Aug 19, 2009 10:55 pm Post subject:

Hi RBF!

Welcome to forums!

As you would be transferring the property to your aunt, the property will not remain homesteaded. Your aunt will have to apply for the homestead again. As far as the ladybird deed is concerned, it won't make your aunt ineligible for Medicaid benefits but she has to express her "intent to return" once she is fine. Also, if her spouse or relative reside in the property, then she does not have to express her intent to return.

Feel free to ask if you've further queries.

Sussane

Guest

Thank you

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