Sometimes A Transfer Of Louisiana Home To Child is OK

Took a call today from a woman who wanted to transfer her home to her daughter to avoid Medicaid Estate Recovery. She asked me if it would be OK to transfer the home even though she was about to admit her husband to a nursing home and apply for Louisiana long term care Medicaid. I told her that normally if she transfers the home to her daughter then she and her husband would be ineligible for Medicaid for the next five years.

I then asked, "Does your daughter live in the home?" She told me the daughter lived in Maryland. I said, "We have a problem."

In very certain circumstances it is OK for a parent or parents to transfer their home to their child. The Louisiana Medicaid Eligibility Manual provides that certain transfers do not incur penalties. One of those exceptions is when a parent transfers the parent's home to a child who is:

• age 21 or over,
• is not blind or permanently or totally disabled,
• was residing in the home for at least two years immediately before the date the parent became institutionalized, and
• provided care to the parent allowing the parent to reside in the home, rather than in an institution.

All of this must be documented properly by a physician's written statement. In fact, if these circumstances exist, you may want to make the physician aware of this circumstance at the beginning of the two year period. This may make it easier for the physician to properly document the circumstances at a later date.

If you have a question about potential Medicaid eligibility, feel free to e-mail me at paul@rabalaislaw.com, and I'll see what I can do to help.

Paul Rabalais

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