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).
ADLs and IADLs Activities of Daily Living and Instrumental Activities of Daily Living describe basic…
Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who…
Video Wills You might wonder whether you can make a video recording of yourself stating…
2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home…
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…
