{"id":12852,"date":"2018-01-02T21:40:25","date_gmt":"2018-01-03T01:40:25","guid":{"rendered":"https:\/\/legalcounselnj.com\/?p=12852"},"modified":"2020-04-17T17:50:06","modified_gmt":"2020-04-17T21:50:06","slug":"medicaid-can-child-caregiver-get-house","status":"publish","type":"post","link":"https:\/\/legalcounselnj.com\/medicaid-can-child-caregiver-get-house\/","title":{"rendered":"Medicaid: Can A Child Caregiver Get The House?"},"content":{"rendered":"

Medicaid.\u00a0 When a loved-one has to leave their home for a nursing home and Medicaid benefits are needed, there is always a fear that the State will \u201ctake\u201d the house.\u00a0 This is especially true when a child has previously moved into a parent\u2019s home to act as the parent\u2019s caregiver.\u00a0 Once the parent moves into a facility, what will become of the child caregiver?<\/p>\n

Medicaid Does Not Take The House<\/u><\/strong><\/h4>\n
\"\"<\/a>

The House is usually a family’s largest asset<\/p><\/div>\n

First, neither New Jersey, nor Medicaid \u201ctake\u201d real estate.\u00a0 In many instances, the home is held by the other spouse, or another person. In some instances, Medicaid may require that the house be sold, but this is not confiscation.\u00a0 In the case of a caregiving child, Medicaid provides an exemption which may allow the parent to transfer title to the child.<\/p>\n

The Caregiving Child Medicaid Exemption<\/u><\/strong><\/h4>\n

Under Medicaid regulations, an individual may transfer his or her home, to a \u201cchild, who has resided in the home of the parent for at least two years immediately before the date the individual becomes institutionalized and who provided care that permitted the individual to reside in the home, rather than an institution\u201d. In other words, if it can be shown (1) that the child resided in the parent\u2019s home for at least two years before entering a nursing home; and (2) that the child rendered care to that parent, and, absent that care, the parent would have been institutionalized earlier, then (3) the parent may deed the house to the caregiving child without penalty.<\/p>\n

New Jersey Medicaid\u2019s Interpretation Of \u201cCare\u201d<\/u><\/strong><\/h4>\n

Sometimes the child caregiver has an outside job.\u00a0 Sometimes, the child caregiver may hire an aide, so that they can take care of their personal business or even to get some time off.\u00a0 Unfortunately, New Jersey has interpreted the word \u201ccare\u201d to mean full-time, sole care.\u00a0 If the child has an outside job, New Jersey holds that this is not the care intended under the regulation and will not permit the house transfer.\u00a0 If the child hires an aide, there too, New Jersey holds that this is not the level of care needed for the house to be transferred to the child.\u00a0 Other states are more lenient, others not.\u00a0 The leading elder law attorney\u2019s organization, the National Academy of Elder Law Attorneys www.naela.org<\/a>, of which I am a member, is challenging this interpretation, but the law stands for now.<\/p>\n

Medicaid Exemptions Are Difficult<\/u><\/strong><\/h4>\n

There are numerous exemptions under the Medicaid regulations which are available to help people.\u00a0 However, you must be sure that you meet not only the requirements, but the interpretation that your jurisdiction applies.\u00a0 You need an experienced elder law attorney to guide you through the process.\u00a0 Law Offices of Robert J. Shanahan, Jr. can advise you of all of the possible exemptions, and how to proceed so that you may receive the benefits Congress created.\u00a0 Give us a call. We can help.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Medicaid.\u00a0 When a loved-one has to leave their home for a nursing home and Medicaid benefits are needed, there is always a fear that the State will \u201ctake\u201d the house.\u00a0 This is especially true when a child has previously moved into a parent\u2019s home to […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12,3096,29,3007],"tags":[1334,1333,1331,1332,40,60,249,66,82,25,92],"_links":{"self":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/posts\/12852"}],"collection":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/comments?post=12852"}],"version-history":[{"count":0,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/posts\/12852\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/media?parent=12852"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/categories?post=12852"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalcounselnj.com\/wp-json\/wp\/v2\/tags?post=12852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}