Penalty Affirmed After Life Estate Conveyed; Hardship Waiver Unavailable Because No Legal Action was Taken to Recover Property. Petitioner, a divorced individual, acquired a life estate in business property with his ex-wife owning the remainder interest. He entered a nursing home in March 2008 and his Medicaid application was denied after the caseworker valued his life estate at $34,721, resulting in him being over resourced. In April, Petitioner transferred his life estate to his ex-wife without consideration and reapplied for Medicaid. He was approved with a three month transfer penalty. On appeal, the transfer penalty was affirmed. An application for a hardship waiver was unavailable since, effective February 1, 2007, Section 2345 requires that a Petitioner take legal action in an attempt to recover property transferred within the look-back period before hardship can be considered. Petitioner also has the burden of proving his or her health and age did not indicate the need for long-term care services at the time of the transfer.
OSAH-Unknown-Teate-9-2008.pdf (September 24, 2008).
Recently, my dad died. While I was driving back from being sworn in as his…
In Georgia, an individual has legal capacity to make a Will "when the testator has…
Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…
In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…
Medicaid is critical for individuals with special needs. It pays for things no one else…
Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare…