3.3.12.4 Transfer of homestead to caretaker child

MDV 30/115352 (01/14/2011)
Transfer of adjacent, rented parcel was divestment

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.8 Business property, 3.3 Divestment, 3.3.04 Transfers of exempt income or assets, 3.3.06 Transfers made for purpose other than to qualify for Medicaid, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 3.3.24 Transfer of right to receive income, ALJ Catherine G. Demski

DHA Case No. MDV 30/115352 (Wis. Div. Hearings and Appeals Jan. 14, 2011) (DHS) ↓ Download PDF While it is generally a divestment to transfer resources for less than fair market value, there are exceptions for transferring homestead property to a caretaker child or transferring exempt business property. In this case, the petitioner owned two […] Read more

MDV 40/68902 (05/18/2005)
Homestead transferred to caretaker child of recipient in assisted living

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 5 Subprograms, 5.05 Home and Community-Based Waivers Long-Term Care, ALJ Joseph A. Nowick

DHA Case No. MDV 40/68902 (Wis. Div. of Hearings and Appeals May 18, 2005) (DHS) ↓ Download PDF An institutionalized person may transfer homestead property to their child if the child lived with them and provided care keeping them out of an institution for at least two years immediately before becoming institutionalized. In this case, […] Read more

MDV 40/54978 (12/05/2002)
Deed giving homestead to caretaker child identified property as “not homestead”

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Peter D. Kafkas

DHA Case No. MDV 40/54978 (Wis. Div. of Hearings and Appeals December 5, 2002) (DHS) ↓ Download PDF An institutionalized person may transfer homestead property to their child if the child lived with them and provided care keeping them out of an institution for at least two years immediately before becoming institutionalized. In this case, […] Read more

MDV 49/44514 (06/19/2000)
Caretaker child living in mobile home on homestead did not “reside in” the home

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kenneth P. Adler

DHA Case No. MDV 49/44514 (Wis. Div. of Hearings and Appeals June 19, 2000) (DHS) ↓ Download PDF To qualify for the caretaker child exception to divestment, the child must “reside in” the institutionalized person’s home in addition to taking care of them. In this case, the petitioner’s son lived in his own, separately-taxed mobile […] Read more

MDV 45/86382 (11/19/2007)
No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

Tags: 3 Financial Eligibility, 3.1 Income, 3.1.5 Unearned income, 3.1.5.23 Rental income, 3.2 Assets, 3.2.8 Business property, 3.3 Divestment, 3.3.04 Transfers of exempt income or assets, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 3.3.25 Life estates, 3.3.25.1 Life estate—transfer of property for less than FMV, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kelly Cochrane

DHA Case No. MDV-45/86382 (Wis. Div. of Hearings and Appeals November 19, 2007) (DHS) ↓ Download PDF Issue 1: Caretaker child The caretaker child exception allows an institutionalized person to transfer homestead property to a child who lived with the person and provided care for at least two years. In this case, the petitioner co-owned […] Read more

MDV 155403 (04/30/2014)
Transfer of homestead to caretaker child was a divestment due to short stay in assisted living

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 5 Subprograms, 5.05 Home and Community-Based Waivers Long-Term Care, 5.05.1 Family Care, ALJ Sean P. Maloney

DHA Case No. MDV 155403 (Wis. Div. Hearings and Appeals Apr. 30, 2014) (DHS) ↓ Download PDF This decision finds that the exception to divestment for transferring the residence to a caretaker child does not apply when the applicant resides in an assisted living facility for even a short period of time before being approved for Family […] Read more

Tag: 3.3.12.4 Transfer of homestead to caretaker child

MDV 30/115352 (01/14/2011) Transfer of adjacent, rented parcel was divestment

MDV 40/68902 (05/18/2005) Homestead transferred to caretaker child of recipient in assisted living

MDV 40/54978 (12/05/2002) Deed giving homestead to caretaker child identified property as “not homestead”

MDV 49/44514 (06/19/2000) Caretaker child living in mobile home on homestead did not “reside in” the home

MDV 45/86382 (11/19/2007) No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

MDV 155403 (04/30/2014) Transfer of homestead to caretaker child was a divestment due to short stay in assisted living