my mother is on ssi/ medicaid in nm. does anyone know the 'spend-down' policy if she receives an inheritance

Answer 1

Dana, I'm a N.M. attorney and was appointed to represent an 87 year old woman in a nursing home. There a ton of nuances to what allowable assets she can have, but the cash amount is about $5,000. She can have her home if she has an intention of returning (if she's in a nursing home) and that's subjective and my clients ALWAYS have an intention of returning. She can have a burial account and a vehicle. This is really complex and can be found at 8.281.500.14 of the N.M. Administrative Code. I suggest you call the Senior Citizens law office in Albuquerque at 265-2300. On a transfer of assets from your mother to qualify for medicaid, the "look back" period is 36 months. She cannot transfer assets for the purpose of qualifying for medicaid.

Answer 2

There is no "spend down" on an inheritance. SSI and Medicaid will take what is needed from the inheritance to reimburse the state and federal government for what she has received in benefits. Anything that is left over after she has paid back will be included in determining what her benefits would be reduced to...or if she would be eligible for any benefits at all.

SSI and Medicaid are not entitlement programs. These are programs, paid for by the taxpayers, for people with NO resources. When the recipient has the resources - from anywhere, the benefits will be discontinued. If the recipient has the means to pay back, then that will happen.

Answer 3

You need to speak with an elder law attorney before she receives her inheritance!