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The CS should have simply removed her husband’s name so she had full ownership. Replacing his name with her daughter’s is transferring his assets to a third party.
WHO TRANSFERRED ASSET: Assets transferred by the client and/or their spouse are evaluated as if the client made the transfer. Assets are also considered transferred by the client or their spouse when they are transferred by: · A parent; · A guardian; · A court; or · Anyone acting on behalf of or at the direction of the client or their spouse, such as an attorney; · A Community Spouse: NOTE: If the client or their spouse refuses to accept an asset, it is considered a transfer. This includes, but is not limited to, waiving pension income or right to inherit, spouse’s failure to seek their elective share of the deceased spouse’s estate. See ABD 404-5 Pursuing Claims on Property and Estates.
An asset transfer is evaluated when the: 1. institutionalized or community spouse transfers an individually or jointly owned asset to someone other than the community/institutionalized spouse prior to the Institutionalized or Waiver Medicaid be established for the institutionalized spouse or, within the 90-day Community Spouse Resource Maintenance Allowance (CSRMA) resource transfer process; and 2. institutionalized spouse transfers the own individually or jointly owned asset after the 90-day resource transfer process. a. If the Community Spouse transfers their own individually owned asset (or an asset jointly owned with someone other than the Institutionalized Spouse) after the 90-day CSRMA resource transfer process, the asset transfer will be evaluated if/when the Community Spouse later applies for Institutionalized or Waiver Medicaid for themselves.
Asset transfers are not evaluated when: 1. The asset was, under spousal impoverishment rules, transferred to a spouse prior to nursing home or waiver eligibility determination. 2. The institutionalized or waiver spouse transferred the asset to the community spouse during the 90-day transfer period or the asset was part of the Community Spouse Resource Maintenance Allowance. 3. The asset was transferred to the asset owner’s disabled/blind (per SSA criteria) minor or adult child. 4. The client’s home is transferred and the title is transferred to: a. The owner’s spouse; b. The owner’s child under age 21;