Skip to content
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Attend A Free Webinar Call: (802) 879-7133
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Estate Planning
    • Incapacity Planning
    • Long-Term Care Planning and Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families FAQ
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • Inheritance Planning for Minor Children
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Vermont Caregiver FAQs
      • Wills
    • Is Your Estate Plan Outdated?
    • Long-Term Care Planning and Medicaid Resources
      • Long-Term Care Planning Analysis
      • Vermont Medicaid
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • Top Estate Planning Techniques
  • Blog
  • Contact Us
    • Contact Our Firm
    • Consultation Resources
    • Pre-Consultation Video
Home Âğ Can I Get Medicaid if I Give My Money to My Kids?

Can I Get Medicaid if I Give My Money to My Kids?

August 29, 2017 by Ellen LaPlante

Burlington Medicaid attorneys assist you in understanding the rules associated with qualifying for Medicaid benefits. It is vitally important that you understand these rules because you may come to rely upon Medicaid when you need nursing home care. Medicaid can be the only source of payment for this care, unless you need care for a limited duration and Medicare or some type of private insurance pays or unless you have purchased a comprehensive long-term care insurance policy that covers your situation.
Kid

Since most people don’t have a long-term care insurance policy and Medicare and most private insurers won’t pay for the basic routine care that often sends seniors into a nursing home, there is a very real chance that you could require Medicaid if you don’t want to pay out of pocket for nursing home care. This means you should talk with Unsworth LaPlante, PLLC about how you can get benefits and on the types of things that could disqualify you from coverage.

Because Medicaid is a means-tested benefits program and you are allowed only to have limited countable assets if you want to qualify for benefits, one of the biggest things that our Burlington Medicaid attorneys will do is to help you to protect wealth while still getting coverage. Many people who are trying to get Medicaid assume that it will be as easy as giving away their money to their kids and then claiming they are impoverished and can get benefits, but this is definitely not the case. You should not try DIY asset reduction when you are hoping to qualify for Medicaid, as your efforts could actually end up backfiring and could cause you to miss out on getting the benefits that you need.

Can You Give Money to Your Kids to Qualify for Medicaid?

Giving money or other property to your kids could seem like a good idea when trying to qualify for Medicaid, since Medicaid is means-tested with asset limits. You may assume that if your kids own the assets or have the money, that the property will not count as being a resource that belongs to you and thus disqualifies you from Medicaid.

The problem is, Medicaid has a five-year look back period, which means that if you try to apply for benefits, a review of your transactions over the past five years will be conducted. If you have made a transfer of assets to your children or if you have “sold” property to your children for less than the fair market value, these transfers can actually cause you to become disqualified from getting Medicaid coverage for a period of time.

As a result, if you made any big financial gifts or gave your children valuable property within five years of the time that you make an attempt to qualify for long-term care Medicaid, you could face months or years of being disqualified from getting Medicaid to cover you. This is true even if the gift is below the value that would trigger federal gift tax, since Medicaid eligibility rules and federal gift tax are entirely separate. It is a common misconception that you’ll be able to qualify for Medicaid as long as you keep your gifts below the threshold amount.

Getting Help from Burlington Medicaid Attorneys

Burlington Medicaid attorneys at Unsworth LaPlante, PLLC can assist you in taking steps to make sure you can qualify for Medicaid coverage by protecting your assets without facing a disqualification period. We help you to make plans to protect your wealth long before you actually need care so you can keep the maximum value of your assets safe. We can also assist with crisis planning if you need to get Medicaid to cover you right away and you have too much wealth to be able to get benefits immediately.

To learn more about the assistance that we can offer to you in making your Medicaid plan or in affording your nursing home care when you must be admitted into a home, join us for a free seminar. You can also give us a call at (802) 879-7133 or contact us online to get personalized help and advice today.

  • Author
  • Recent Posts
Ellen LaPlante
Ellen LaPlante
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is licensed in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance Read More!
Ellen LaPlante
Latest posts by Ellen LaPlante (see all)
  • Young Families Estate Planning in Vermont - May 5, 2026
  • 8 Vermont Medicaid Myths Seniors Need to Understand - April 30, 2026
  • Things to Consider If Someone in Your Estate Plan Is Not a U.S. Citizen - April 23, 2026

Filed Under: Uncategorized Tagged With: Medicaid

Other Articles You May Find Useful

Unsworth LaPlante, PLLC
Power of Attorney in Vermont: What Families Should Know
Unsworth LaPlante, PLLC
What Happens If Your Healthcare Agent Cannot Serve When Needed?
Unsworth LaPlante, PLLC
Trust Administration Attorney: Keeping Beneficiaries Informed
Unsworth LaPlante, PLLC
Questions Families Should Ask Before Naming a Trustee for a Special Needs Trust
Unsworth LaPlante, PLLC
Should You Leave Written Instructions Alongside Your Estate Plan?
Image
Creating an Emergency Care Plan for Your Pets

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo

Providing personalized legal guidance to help families plan, protect, and prepare for the future.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Who We Are

  • About Us
  • Our Team

Estate Planning

  • Estate planning
  • incapacity planning
  • Pet Planning
  • special needs planning
  • trust administration
  • Young Families Planning
  • Long-Term Care Planning and Elder Law

Resources

  • Articles
  • Elder Law reports
  • Estate Planning reports
  • Estate & gift tax figures
  • Free Estate Planning Worksheet

Business Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Location

Unsworth Map Image

Unsworth LaPlante, PLLC

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Copyright © 2026 American Academy of Estate Planning Attorneys | All Rights Reserved
DisclaimerPrivacy PolicyContact UsSitemap