The following are FAQs regarding Transfer of Assets and the Long Term Care program:

For Property transfers, do we use the date that it was signed and notarized or the date it was actually filed?

We use the date signed, notarized, and delivered to the person who is going to receive it.

Client will be transitioning to a nursing home soon. The client and their spouse sold their farm 2 years ago and gave proceeds to their daughter (who is disabled) and son-in-law. If the money is paid back, can the money be put into a Special Needs Trust for their disabled daughter? Is the money required to be put into a Special Needs Trust for it not to be considered a transfer?

If the child is less than 65 years of age, it would not be a transfer to put into a special needs trust. The money is not required to be put into a special needs trust as it is going to disabled child.

Client stated that he is paying for his son’s college? Is this considered a transfer of assets? Is there a difference of whether he gives his son the money to go or pays it directly to the financial office?

It can depend on factors such as age & disability of client and also age of the son. Normally it would be considered a transfer. There is no difference. The exact method by which the funds are paid are not a factor in determining whether or not it is a transfer.

Client sold her home and gave the proceeds to her 4 children. A living will & testament had been written up showing that the children would receive the home once it sold. The client’s spouse passed away while she was still in the nursing home. Is this considered a transfer?

If the client’s name is on the property, it is a transfer. If the community spouse passed away, the IS should have gotten part of it.

If a client decides to transfer the property to be disabled child, does the child have to be living in the home? The child is considered to be disabled but lives out of state.

No. It is considered to be an allowable transfer. In order for the home exemption to count, the disabled child would have to be living in the home until it was transferred.

Can a LTC applicant donate money to spenddown?

Normally no. We would have to check to see if there was a past history of giving, tithing, etc.

What resource verification is required on an ADvantage application that has had open medical or buy-in for 60+months?

Ask about transfers. If they deny, check AVS and document that medical has been open.

For a transfer of resources for institutionalized individual, does the transfer start the date of admission or the app date if the worker received the application after the actual admit date?

The date they were otherwise eligible.