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My mother is in a nursing home for the past three years. I…

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My mother is in a...
My mother is in a nursing home for the past three years. I was to get her house when she passed. She is alive and kicking in the nursing home. they took her access z(house).I live in the house and understand that I can live in the house until I pass. Am I right so far?
Submitted: 10 months ago.Category: Estate Law
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Answered in 4 minutes by:
10/2/2017
Estate Lawyer: Jessica B,
 replied 10 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,852
Experience: Attorney at Donald B. Linsky & Associates, PA
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Estate Lawyer: Jessica B,
 replied 10 months ago

The Caregiver Child Exemption, also known as the Caretaker Child Exception, enables an elderly individual to transfer their home to their adult child without violating Medicaid's 5-year look back rule on asset transfers. Therefore, they can transfer their home and continue to be or gain eligibility for Medicaid.

The Caregiver Child Exemption allows adult children to care for their parent at home as opposed to moving them into a Medicaid-funded assisted living residence or nursing home. It is a Medicaid-sanctioned method that enables the adult child to be compensated for their caregiving in the form of a transfer of the parent's home. The home would have otherwise have to be sold and the proceeds used to pay for nursing home / assisted living care.

To qualify for the Caregiver Child Exception, the caregiver child must live in the home with his or her parent for at least two years prior to the parent’s admittance to a nursing home or assisted living facility, and they must provide a level of care that prevents the senior from needing to relocate during this time period.

Medicaid's 5-year look back is a rule that considers the asset transfers a Medicaid applicant has made in the 60 months prior to their application. The Caregiver Child Exception is an exception to this rule.

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Customer reply replied 10 months ago
The only reason ( other than the bathing thing ) I had to let her go was that I couldn't physically lift her without hurting myself.
Estate Lawyer: Jessica B,
 replied 10 months ago

Legal documentation that the care provided by the child prevented the elderly parent from admittance to a nursing home or assisted living facility. During the two-year period that the child provides care, a record should be kept documenting events and situations that would have resulted in institutionalization, if not for the child caregiver. Examples of such instances include helping the parent dress, walk, and bathe or preventing them from leaving a burner on or leaving the house in inappropriate clothing.

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Estate Lawyer: Jessica B,
 replied 10 months ago

I have not heard back from you. Was this information helpful? Please rate my answer so that this question may be marked as closed.

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Estate Lawyer: Jessica B,
 replied 10 months ago

Is there additional information I can provide? If not, please rate my answer. Thank you!

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Estate Lawyer: Jessica B,
 replied 10 months ago

If you have no more questions please rate my answer so that I may receive credit and the question may be closed. Thank you!

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