5331.3 Intent to Return

If there is intent to return, the applicant/ recipient or a person authorized to act in his or her behalf (spouse, conservator/guardian, personal representative, or person who has received written authority from the applicant/ recipient to act in his or her behalf) must provide a written and signed statement indicating the reason for the client's absence as well as his or her intent to return home. (See M1, Statement of Intent to Return Home or Section G.4 of the KC1500 ) The absence can be for any purpose, whether medical or nonmedical. The statement shall be accepted without challenge and regardless of whether or not the intent is realistic unless the actions of the applicant/recipient or other persons would contradict the statement (e.g., attempting to sell the property). In such instances, further clarification shall be obtained. The client's statement shall remain in force until such time as either actions are taken which contradict the client's intent or another signed statement is obtained which negates the previous intent.

An intent to return is, however, nullified when the applicant/ recipient transfers his/her ownership interest in the home to some other person or legal entity. Examples of property transfers which nullify exempt status or an intent to return include a sale or gift of the home property and a transfer of the home to a trust. When there is a loss of ownership by the applicant/ recipient due to such a transfer, the property cannot continue to be exempt. For example, when a trust is created and the home is transferred to the trust, the trust becomes the legal owner of the property. The home would then no longer be viewed as owned by the applicant/recipient even if that person is the trustee.

An intent to return statement would not be required in those instances in which a spouse, other legal dependent, or dependent relative continues to live in the home as indicated below or when the absence is due to a planned brief stay in an institutional arrangement not to exceed the month of entrance and the following 2 months. In all other instances, such a statement must be developed if there is intent to return.