Legal Question in Elder Law in Massachusetts
With the five yearlook-back rule for Medicaid eligibility is there a care-giver child exception we could use to trasfer the house and not have the value of the house included in eligibility? Can the transfer be by gift or sale?
2 Answers from Attorneys
Caregiver exception allows the caregiver to stay in the home but not to own it. The Five year look back rule will take in gifts made to others as well as other matters.
Depending upon the condition of the person you are concerned about there may be some things you can do to protect the home.
There is, in fact, an exception to the transfer penalty rule for transfers of the home to caregiver children. To qualify, the child must have lived in the parent's home for at least two years before the parent moved to a nursing home and have provided such care during those two years as to delay the need for nursing home care.
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