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You may understand your question, but I’ve never read about it on the site. Please could you explain in a bit more detail? Otherwise it's one for a local lawyer or finance expert.
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Could be that the promissory note was used to transfer money and not a legitimate loan. Could be the date of said loan and promissory note don't jive. I know that legally the promissory note must be before the loan to make it valid in AZ.

If it is being used to "hide" money, you're correct, just private pay until you actually, legally qualify.

Not saying this is your situation, just responding to your question.
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Because they are willing to take risk?
Ok I’m going to take a guess that what you are referring to is when an elder moves an asset ($) to another family member and does it by doing a Promissory Note as the $ is a loan. It would be a money move not a hard asset, like a house, that is transferred. It is not a gift but a loan, so can be allowed by Medicaid if done within compliance for Medicaid rules. So the elder was over resourced in $ assets beyond what your State’s LTC Medicaid allows for nonexempt assets; and they did the move to be eligible. Is that it?

Like instead of mom spending down her 102K in savings by private paying for a NH, she instead loaned 100K to a family member who will pay it back based on the PN terms. Now all she has is 2K in assets and 2K is the maximum in nonexempt assets for your State. So it’s seemingly ok for LTC Medicaid. But if something went amiss in the planning….. it was done within the 5 yr lookback period, or it wasn’t actuarially sound, or her State changed allowing this to be ok….. so a transfer penalty gets placed. So as there is a penalty period, it’s private pay till the penalty period is over. Stuff like this is pretty high cotton Estate attorney work. The law firm that did this should be able to explain what happened and why.

Doing any transfer to lower resources to be eligible for LTC involves risk as you do not know the date that the lookback will be. Falls happen, accidents happen…. they could do the Promissory Note today and then 7 years from now need a NH or get hit by a bus 7 months from now.
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