It probably depends on the investment and the facts. If your mother made an investment that didn’t work out with an independent third party, it should probably not be a problem. But if, for instance, she was investing in a company you were starting, it will look more like a gift to you. In addition, it could depend on the documentation of the investment. If there’s proper paperwork – a stock certificate, for instance – it will be more likely to pass muster with Medicaid. A local elder law attorney who looked at all of the circumstances should be able to provide a more definite answer.
For more on Medicaid’s asset transfer rules, click here.

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