Transfer of Home to Caretaker Child - Revisited

Transfer of Home to Caretaker Child - Revisited

Post 6 stresses that property owned by applicant residing with a caretaker child is to be transferred at time of application for Medicaid. The article suggests that a current power of attorney be drafted so that if the applicant is incompetent at the time of application, a power of attorney can be used to transfer the residence to the caretaker child.

This is an example of tailoring the power of attorney for a client in an elder law situation.

That is, the power of attorney should be provide that in the event an applicant is in a nursing home and an application for Medicaid is submitted, approval by the Medicaid authorities that the child has provided the requisite care for two years is necessary before the property is transferred.

If the applicant is incompetent at the time, the power of attorney can accomplish this result.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.


© May 2009, Post #37