QUESTION

What is the Medicaid law in NJ for a patient that was removed from the deed 1 year ago?

Asked on Oct 12th, 2014 on Medicare and Medicaid - New Jersey
More details to this question:
My Mom was a co-owner/co-signer on my home back in 2000. She moved in with us (my wife and I) in 2001 or 2002. She was removed from the deed on 12/2013. She has lived there for the past 12+ years and I have been providing for her. Does this house still count as an asset in Medicaid's eyes when she goes to apply?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You need to look at the Caregiver Child Exemption.  Its complicated, but I believe form the facts you have given that the house would be an excludable resource for your mom becuase of the care you have been providing her.   N.J.A.C. 10:71-4.10(d), which contains the caregiver exemption, provides as follows: (d)[A]n individual shall not be ineligible for an institutional level of care because of the transfer of his or her equity interest in a home which serves (or served immediately prior to entry into institutional care) as the individual's principal place of residence and the title to the home was transferred to: . . . . 4. A son or daughter of the institutionalized individual . . . who was residing in the individual's home for a period of at least two years immediately before the date the individual becomes an institutionalized individual and who has provided care to such individual which permitted the individual to reside in the home rather than in an institution or facility. i. The care provided by the individual's son or daughter for the purposes of this subchapter shall have exceeded normal personal support activities (for example, routine transportation and shopping). The individual's physical or mental condition shall have been such as to require special attention and care. The care provided by the son or daughter shall have been essential to the health and safety of the individual and shall have consisted of activities such as, but not limited to, supervision of medication, monitoring of nutritional status, and insuring the safety of the individual.
Answered on Oct 12th, 2014 at 1:28 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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