Important disclaimer

This article explains general Georgia law about Medicaid estate recovery and property claims. It is educational only and is not legal advice. For help with a specific case, consult a licensed Georgia attorney who handles elder law or probate.

Detailed answer

Overview — what Medicaid estate recovery is

When a person receives certain Medicaid benefits (especially long‑term care paid by Medicaid), federal law allows the state to seek repayment from the individual’s estate after death. Georgia operates its estate recovery program through the Georgia Department of Community Health (DCH). See the Georgia DCH Medicaid estate recovery information: dch.georgia.gov/medicaid-estate-recovery.

Can Georgia Medicaid put a claim on a living person’s home or force a deed transfer?

No. Georgia Medicaid cannot legally “force” you to sign over a deed while the Medicaid recipient is alive simply to satisfy a future estate claim. A verbal or written demand to sign a deed is not the same as a lawful, court‑ordered claim. Do not sign any deed, power of attorney, or transfer document without independent legal advice.

When the state can recover from a home

After a Medicaid recipient dies, Georgia can file a claim against the deceased person’s estate to recover Medicaid payments for covered services. Federal law authorizes this recovery and requires states to attempt to recoup certain costs from the estate. See federal statute: 42 U.S.C. § 1396p (Medicaid treatment of income and resources): govinfo.gov – 42 U.S.C. § 1396p, and the federal regulation on estate recovery: 42 C.F.R. § 433.36.

Protections and exceptions under federal and Georgia practice

• Surviving spouse: Georgia will generally not recover from the estate while a surviving spouse is alive.
• Minor or disabled child: Recovery will not be pursued while an unmarried child under age 21 or a blind/disabled child is alive living in the home.
• Hardship waivers and exemptions: States can offer waivers or limit recovery in cases of undue hardship or where recovery would cause the surviving family severe financial harm. Check with Georgia DCH about waiver rules and procedures.

What about liens while the person is alive?

Some states place liens on property of persons who received long‑term care Medicaid while they are still alive (for example, if the person enters a nursing home). Whether Georgia places pre‑death liens depends on state policy and facts of the case. Any lien or claim must follow state administrative procedures and notice requirements. Contact Georgia DCH for the state’s current lien policy: dch.georgia.gov/medicaid-estate-recovery.

Transfers, the Medicaid look‑back, and penalties

Medicaid has a look‑back period that treats transfers of assets for less than fair market value differently. If a beneficiary transferred the home (or other assets) within the statutory look‑back period to qualify for Medicaid, the state can impose a period of ineligibility or otherwise challenge the transfer. See the federal transfer rules at 42 U.S.C. § 1396p(c): govinfo.gov – 42 U.S.C. § 1396p(c).

Practical example (hypothetical)

Mrs. A receives long‑term care paid by Medicaid and owns her home. She names her adult daughter as the beneficiary in a deed shortly before she dies. After Mrs. A dies, Georgia reviews the case. Because Mrs. A received Medicaid long‑term care, DCH may seek recovery from Mrs. A’s estate, which can include the home. If the daughter received the home as a transfer for less than fair market value during the look‑back period, the state can challenge the transfer or pursue recovery from the daughter’s interest in the property. If a surviving spouse or an exempt child lives in the house, recovery may be delayed or waived.

How to respond if you get a claim or notice

1. Read notices carefully and note deadlines for hearings or appeals.
2. Ask the state for a written explanation of the claim and all documents supporting it.
3. Check whether a surviving spouse, minor child, or disabled child exemption applies.
4. Consider requesting an administrative review, appeal, or hardship waiver if recovery would cause significant hardship.
5. Do not sign away title without consulting an attorney.

Where to find the laws and official guidance

• Georgia Department of Community Health — Medicaid estate recovery information: dch.georgia.gov/medicaid-estate-recovery.
• Federal law on Medicaid estate recovery and transfer rules: 42 U.S.C. § 1396p: govinfo.gov – 42 U.S.C. § 1396p.
• Federal regulation on estate recovery: 42 C.F.R. § 433.36: ecfr.gov – 42 C.F.R. § 433.36.
• Georgia statutes and official code pages are available from the Georgia General Assembly: legis.ga.gov (search the Official Code of Georgia Annotated for probate, property, and Medicaid provisions).

Helpful hints

• Do not sign deeds or documents under pressure. If someone asks you to sign a deed to avoid a claim, get independent legal advice first.
• Collect proof of relationship and residency (marriage certificates, birth records, disability documentation) to support exemptions.
• Request all notices and claim paperwork in writing from Georgia DCH.
• Ask about hardship waivers and appeals promptly; administrative deadlines are strict.
• Order a title search and a copy of the deed history to know what transfers occurred and when.
• Talk to an elder‑law or probate attorney experienced with Georgia Medicaid estate recovery. Many attorneys offer a short intake or consultation that explains options and deadlines.
• Consider contacting your local legal aid or senior legal services if you cannot afford private counsel.