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Adult Child Caregiver

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se2437

Junior Member
There is a 5 year lookback for assets transfered when someone goes into a nursing home and medicaid is applied for to cover some or all of the cost. The purpose of that lookback period is to ensure that assets are not transferred to other people that could be used to cover a portion of the patient's care...or at least to cover the patient's care for a specific amount of time.

There are exceptions to that. The feds won't yank a house out from under a spouse who does not need nursing home care, and will not yank a house out from under a long term resident caregiver, who is family and who also needs the housing. The feds also won't yank the house it it is rented and the rental income (other than what is needed for property taxes etc) go towards the nursing home care.

To be honest, that really doesn't sound like what you did here. What it sounds like you did was use a POA your mother previously gave you to transfer ownership of the condo to you. Unless you have been a long term resident of the condo caring for your mother whlle living there, I suspect that you will have problems with the transfer.
"Unless you have been a long term resident of the condo caring for your mother": been doing it since 2008 when she had her first stroke. All this was orchestrated by my mother's attorney and my mother and siblings were present at all meetings and signings. My mother also has a lifetime occupancy agreement.

Called my Mother's case worker who confirmed that the property transfer was protected.

So, if you need to find out, call the case worker. But the evaluation was made by them before they granted her Medicaid.
 

se2437

Junior Member
Closing thread

What is the name of your state (only U.S. law)?CT

After my Mother had a stroke, I did a quit claim deed of her condo to myself and preparted (per my lawyer) for an Adult Child Caregiver exemption to protect it from the lookback. This was 12 months ago.

After 10 months, her Medicaid (Home Care) has been approved.

Does that mean that the property transfer has been evaluated and is in effect safe from all future liens? If not, when is this decision point?

Thanks.
Apparently I was expecting too much. The original post was a question regarding the mechanics of estate evaluation in a Medicaid application where the Adult Child Caregiver exemption is being used. Thanks to those who actually stayed on topic. Only the Medicaid workers some lawyers know the mechanics for your state.

For all those whose contribution was off topic and/or just dumb comments I gotta ask: you spend your time in an obscure eldercare legal blog making useless comments?
 

TheGeekess

Keeper of the Kraken
Apparently I was expecting too much. The original post was a question regarding the mechanics of estate evaluation in a Medicaid application where the Adult Child Caregiver exemption is being used. Thanks to those who actually stayed on topic. Only the Medicaid workers some lawyers know the mechanics for your state.

For all those whose contribution was off topic and/or just dumb comments I gotta ask: you spend your time in an obscure eldercare legal blog making useless comments?
It's not a blog, it's a forum. It's not only eldercare being discussed, there's a whole realm of other legal questions being asked and answered. :cool:
 

se2437

Junior Member
Check again.....

It's not a blog, it's a forum. It's not only eldercare being discussed, there's a whole realm of other legal questions being asked and answered. :cool:
The title of the forum is "Forum: Elder Law, Powers of Attorney, Living Wills".

But it doesn't matter what legal issue is being discussed because the replies that were off topic were just comments with no legal intent. "There's a whole realm of other legal questions being asked and answered?" Are you kidding? lol, most of the off topic replies had nothing to do with anything legal at all.
 
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