​​​Caretaker child exception to the no gifting Medicaid rule?

​The exception allows elderly parents to transfer their home into the name of an adult caregiver child without violating rules about asset transfers during the five-year “look-back” Medicaid penalty period.

Hi. My name is Steve Bennett, and I am going to briefly discuss the caretaker child exception in the context of long-term care. In a prior video, we reviewed the ramifications of making any gifts within five years of when a loved one enters a nursing home and applies for Medicaid. Essentially, Medicaid penalizes the applicant by refusing to pay the vast majority of the applicant’s nursing home bill for a number of months that corresponds to the value of the gift. One of the biggest exceptions to this penalty is a transfer of the applicant’s homestead to a caretaker child. If a child resides in the applicant’s homestead for a period of two years prior to the applicant entering into a nursing home and applying for Medicaid and the child provides care to the applicant which allowed the applicant to stay home (rather than entering into a nursing home), a transfer of that homestead to the caretaker child will not trigger a penalty. Using this exception properly provides a powerful planning technique that you may be able to implement to not only save a family home but also to do so without incurring a penalty. If your family or someone you know desires to protect their home from the costs of long-term care, you should discuss this planning technique with one of our elder law attorneys in our office.