Dear Jackie,

I’ve just gotten my husband approved for Medicaid. He has Alzheimer’s, and I need some help with him. I’ve been told that if my husband predeceases me, Medicaid will come to me for reimbursement of funds that they have spent for him. Is that true? I’ve been advised that, because of that, I should change my house deed to my children’s names so it won’t be in jeopardy. Do you have any advice about this situation? — Marian from Hampton, Va.

Hi, Marian,

You are smart to check into this because there are things you might do to destroy your husband’s Medicaid eligibility. There are ways to split assets and get some protection. This is a tricky field and only someone who specializes in Elder law should be advising you. Do not take advice from anyone else but an experienced Elder law attorney. Here is the link to the website for the Virginia Academy of Elder Law Attorneys: https://www.vaela.org. Go to the website, and click on the “For the General Public” tab. This is a nonprofit organization, and their purpose is to educate their members and others about issues just like yours.

Here’s a link to the Chicago Tribune column: https://tinyurl.com/d8tlk93

Judge Glass’s response is right on the mark. She clearly understands that Medicaid rules vary from state to state. When your spouse or parent is in a nursing home, you need to get expert advice from “someone who specializes in Elder law” in your state. As she says, “Do not take advice from anyone else but an experienced Elder law attorney.”

When you need advice about Medicaid and paying the cost of care in a nursing home, assisted living facility, or in your own home, it is so important that you speak with an experienced Elder law attorney. But it can be difficult to determine which lawyers are experienced in elder law and understand the complex Medicaid rules. One way to find one is to look for a lawyer who has been certified as a specialist in elder law. Only certified elder law attorneys can use the designation CELA (for Certified Elder Law Attorney).

At Marshall, Parker and Weber, Matt Parker, Tammy Weber and I are all certified elder law attorneys.  The certification by the National Elder Law Foundation is recognized and authorized by the Pennsylvania Supreme Court. You can rely with confidence on the advice you get at Marshall, Parker and Weber.

If you don’t live in Pennsylvania, you can check out the website of the National Elder Law Foundation which lists all the CELAs in the United States by state.