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Buddy44 Asked April 2018

How long must I live in the home I received under the Medicaid child caregiver law after my parent goes into a nursing home?

Five years ago I left my home in WA state to care for my elderly parents in Utah. My mother has since died and my father is in a nursing home in Utah. He soon will qualify for Medicaid. The home was transferred to me under the child caregiver law for which I qualified. With my mother gone and my dad in a nursing home are there any restrictions regarding when or how I can I sell the property?

bicycler Apr 2018
Buddy44, assuming that you followed Utah's specific Medicaid restrictions for home title transfer to a child caregiver, including having a notarized caregiver contract for providing for at least two years the care they needed as deemed necessary by their physicians, then I think there will be no restrictions regarding you selling the property. But, specific Medicaid rules can be complex, and certainly no less so with providing presumably different levels of care for two married parents in a community property state. So, I'll second gladimhere's good advice that you at least consult with an elder law attorney and also call Utah's Medicaid help line.

gladimhere Apr 2018
You need to ask that question of either an elder law attorney or Medicaid. Laws vary from state to state.

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