Please share your experience if you have actually done this, or tried to do it. Thanks!

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Sit down with a Medicaid caregiver to apply. I, too, don't take what a SW says for fact especially with Medicaid. Too many different scenarios. Take needtowashhair's info with you.
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Reply to JoAnn29

The person helping you fill out your medicaid application should know how to do this. If they don't, then you should find someone else to help you fill out your application. Since if they don't know about this, what else don't they know about?

Make sure to do this before you complete your medicaid application process. I'm pretty sure the transfer happens on application, not at a later date.

As always, I have no idea what I'm talking about. I'm just randomly hitting keys on my keyboard. Please see a competent attorney about this. I emphasize competent.
Helpful Answer (2)
Reply to needtowashhair

Uhm, no it doesn't.

Medicaid will allow a caretaker child to file an exemption to allow them to stay in the home. If granted, the leins are still applied and any proceeds from the sale of the home during the caregiver's lifetime or upon the death of the caregiver is subject to recovery.

My experience was social workers representing Medicaid are ignorant, lie and misrepresent things. I was under the same assumption based on what they stated and it is 100% wrong. They said recovery was a "lottery," it is not. They conned me into paying $26k in back taxes and repairs based on the assumption the caregiver exemption transferred the home. You need to speak to an attorney.
Helpful Answer (1)
Reply to tacy022
needtowashhair Mar 4, 2019
Yes it does. You are describing an entirely separate section of the law. You don't understand this rule about medicaid. Which is not surprising since many attorneys don't seem to either. So even if your lawyer says you can't, correct said lawyer and teach them about the law. Then find yourself a new lawyer who does understand the law.

It's a federal law so it's independent of which state you are in. If you are a child of someone who you have provided care for which kept them out of a NH for at least 2 years, your parents house can be transferred to you exempting it completely from any medicaid recovery.

Here's the law straight from the horse's mouth.

"2) An individual shall not be ineligible for medical assistance by reason of paragraph (1) to the extent that—(A) the assets transferred were a home and title to the home was transferred to—

(skipping the first few sections for brevity)

(iv) a son or daughter of such individual (other than a child described in clause (ii)) who was residing in such individual’s home for a period of at least two years immediately before the date the individual becomes an institutionalized individual, and who (as determined by the State) provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility;"

As always, I have no idea of what I'm talking about. These are just my sleepy after lunch ramblings. Please consult a competent lawyer. I emphasize competent.

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