If my mother in law has medicaid on my kids but there is only a notarized paper giving her permission to sign medical papers can I still claim them on my taxes?

[yvonned1991]

we were homeless so my kids went to stay with my mother in law for a few months now we all live together and she does not file taxes but their medicaid is still in her name and i dont know if i can claim them on my taxes

[DoninGA · Accepted solution]

Whomever provides health insurance for your children is not relevant on who can claim the children as dependents.  You may have an issue with Medicaid so you need to contact your local Medicaid office.

You can claim your children as dependents on your tax return under the Qualifying Child rules if they meet all the requirements.

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you unless disabled.