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Will a Medicaid Recipient Lose His Benefits If He Sends His Incarcerated Son Money Every Month?

Posted by Laura E. Stubberud | Aug 10, 2022 | 0 Comments

Your husband cannot send money to your son. That would be considered a transfer of assets that would disqualify him from receiving Medicaid benefits. However, you may be able to do so. Someone in a nursing home covered by Medicaid must contribute his income to the facility, less certain allowances. He may keep a small amount for personal expenses, $72.80 a month in most states, and may continue to pay health insurance premiums. In addition, he may be allowed to pay a certain amount of his income over to his spouse. The amount depends on her own income and living expenses.

If it turns out that you are entitled to such a spousal income allowance, there are no restrictions on your paying some or all of it over to your husband's son.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 30 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...

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