On Friday, July 12th, Attorney, Paula Mattson-Sarli discusses the Child Caregiver exception.

This comes up when a child has moved into your residence. Usually, the child helps with daily activities if a doctor suggests you need daily care.

There is a Medicaid rule that if a child lives with you up to two years prior to applying for Medicaid then you can transfer your house to that child to essentially reimburse them for the care they provide.

This protects the home as long as certain requirements are met. As long as they provide services that keep you out of a nursing home, this would apply. It’s fine if the child has a separate job. This is a way to transfer your home to your child and protect it.

The child would receive the home “free and clear” though there would be a new deed. Advice of counsel is imperative here. This home would need to be their residence and a log of care would need to be kept. A birth or adoption certificate would be necessary along with proof of care provided and a doctor’s note outlining that that level of care is needed.

We are happy to discuss this further if you think you might be eligible.

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