Understanding North Carolina Medicaid Gifting Rules

Elder law encompasses a variety of complex topics, among which Medicaid gifting rules hold significant importance. Why? Because properly managing assets can have a profound impact on your financial security and Medicaid eligibility. At Brady Cobin Law Group, PLLC, our skilled team is equipped with the knowledge to demystify these laws and help you safeguard your assets effectively.

Medicaid and Asset Transfer: The Five-Year Look-Back Rule

The concept of “gifting” assets to reduce one’s estate for Medicaid eligibility is a widely discussed topic; however, Medicaid rules in North Carolina have clear stipulations in place that make it more complex than simply transferring assets to family members in order to qualify for Medicaid.

One of the main tenets of these rules is the five-year “look back” period. This means that any asset transfers for less than fair market value or gifts made within five years of applying for Medicaid will be penalized. The penalty is a period of ineligibility for Medicaid benefits, the length of which depends on the value of the gifts made during the look-back period.

These regulations can be challenging. At Brady Cobin Law Group, PLLC, we are ready to help you understand the specifics of the look-back rule and the potential consequences of gifting assets.

Exceptions to the Medicaid Gifting Rules

Despite the stringent look-back rule, there are certain exceptions where transfers won’t incur a penalty. Some of these exceptions include transfers to a spouse or to a child who is blind or disabled. Additionally, certain kinds of trusts can be set up for the benefit of a disabled person under age 65 without incurring a penalty.

Knowing when and how to take advantage of these exceptions requires an understanding of the law and careful planning. With our team at Brady Cobin Law Group, PLLC, we can help guide you through these exceptions and help plan for your future and the future of your loved ones.

Safeguarding Your Assets: An Ethical Approach

Medicaid planning, and especially planning involving gifting, is complex. While it’s important to ensure financial stability for your family, it’s equally important to respect the boundaries of the rules and the purpose of public assistance programs like Medicaid.

Our team is committed to providing ethical and compassionate guidance to assist you with your Medicaid planning. We respect the legal and moral imperatives that govern this process and are committed to helping our clients achieve their goals within these parameters.

Even though Medicaid’s gifting rules can be challenging, with guidance from Brady Cobin Law Group, PLLC, you can make informed decisions that protect your assets while maintaining your eligibility for necessary benefits. Call us at (919) 782-3500 or contact us online today to speak with a compassionate Raleigh lawyer.

Contact us

Our North Carolina estate planning and elder law attorneys are committed to honoring the life, work and charity of every individual. Call us at (919) 782-3500 or complete the form below.

New Main Contact Form