Post 48 discusses inaccessible resources, which are treated as excludable for Medicaid purposes (N.J.A.C. 10:71-4.4(b)6 ). The theory is that a countable resource is only such that can be converted to monies to pay nursing home costs. Further, suppose a Medicaid applicant resides with a sibling who has an equity interest in the home and who was residing in the home for at least one year prior to the date of institutionalization (see Post 11).
In this situation, not only is the real estate inaccessible, and therefore not a countable resource, but there is an additional benefit. If the sibling resides in the home for the requisite time period, the applicant's interest in the home can be transferred to the sibling without such transfer being subject to the penalty. Therefore, the individual would qualify for Medicaid, and the home would not be subject to the lien.
Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© June 2011, Post 149
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