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My father in law is in a nursing home in Florida and has a Medicaid application pending. His friend who he's lived with for years is his financial Durable POA. She just had him sell his car to his brother for $6000 and had the check made to her rather than to my father in law. Is this a countable asset at this point in the application process? If not won't it be found during a Medicaid annual review and a transfer penalty applied?

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Adult protective services for investigation of financial abuse of an elderly person
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I think it's a misunderstanding of the rules on her part. What is APS?
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Car is registered in his name, correct? If so, finding out real property assets (house, land, vehicles) is just a couple of keystrokes by the Medicaid as all info on transfers / sales are recorded at the local level -like by tax assessor - and dovetail to state records.

It will be found out eventually and will trigger a transfer inquiry unless she reports it while all is still in the application pending process. If in addition to the 6K not reported, IF was sold under FMV (like Kelly Blue book value), the extra $ it should have been sold for will be add added atop the 6K.

The girlfriend as DPOA has the fiduciary responsibility to make sure that all was above board & done correctly for his application. it can morph into an APS matter for her in addition to jeapordizing his eligibility for medicaid. Once APS gets involved all can get real ugly & fast.

So is this a "didn't understand" type of mistake? OR do you think there will be other issues with $ & asset transfer if the state does an in depth 5 year review?
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It is a countable asset and left unreported will trigger a Medicaid STOP.
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