C Transfers That Do Not Include the Customer’s Resources

 

 

Revised 08/07/2020

Policy

Transfers that did not include resources of the customer or the customer’s spouse do not affect the customer’s eligibility for long term care services.  See Transfers that Do Not Affect Eligibility Examples.

 

Proof

When a transfer was made that did not include the customer’s resources, proof of who owned the resource at the time of the transfer is needed.  Proof includes:

·        Deeds;

·        Purchase agreements;

·        County Assessor or County Recorder records; and

·        Bank statements.

NOTE      A customer may have held legal title to a resource without having equity interest in the resource (MA704C.1).  In this case, bank statements and canceled checks showing that someone else’s funds were used to purchase the resource may be used as proof that the customer did not have any equity interest.

 

Legal Authority

Programs

Legal Authority

ALTCS

42 USC 1396p(c)(2)(A), (B) and (C)

42 USC 1396p(c)(3)

AAC R9-28-401 and 409