Page 41

UNOFFICIAL 1725.1-41 the individual becomes an institutionalized individual and who provided care which allowed the individual to reside at home. (2) The asset, other than a home, was transferred: (A) To the individual’s community spouse or to another individual or entity for the sole benefit of the community spouse; (B) From the community spouse to another individual or entity for the sole benefit of the community spouse; (C) To the individual’s child who is under age twenty-one years, a blind or disabled child, or to a trust established after August 10, 1993, for the child; or (D) To a trust established after August 10, 1993, solely for the benefit of an individual under age sixty-five years who is disabled as defined in section 17-1719-10. (3) The individual can substantiate that the individual intended to transfer the asset: (A) At either fair market value, or for other valuable consideration by providing substantiated evidence of attempts to dispose of the asset for fair market value, as well as evidence to support the value at which the asset was disposed; or (B) The asset was transferred exclusively for a purpose other than to qualify for medical assistance by providing convincing evidence as to the specific purpose for which the asset was transferred. (4) Circumstances that meet the requirements of this subsection include, but are not limited to: