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(1) Resided in the home for at least two years immediately before the a/b entered a nursing facility or requests CAP or PACE, and (2) Provided care to the a/b to permit them to live at home rather than in a nursing facility throughout the 2-year period, and (3) Provides documentation that the adult child(ren) resided in the home during the two years, and (4) Provides documentation that the adult child(ren) provided necessary care. For example, four children rotate months living with and caring for their parent in the parent’s home. They have taken turns doing this for three years when the parent must go into a nursing home. The parent transfers their home to their four children. This is an acceptable transfer. 3. Evaluate the transfer of a homesite that was made income producing as a non- allowable transfer. This is allowable only if it is transferred to a specified person as indicated in VII.B.2 above. C. Transfer to the Legal Spouse or Blind/Disabled Child
1. Any resource or income transferred (in addition to the transfer of the homesite described above) to the legal spouse or blind/disabled child of any age is allowable.
2. The blind/disabled child must have been determined blind/disabled according to SSA standards. Verification must be provided.
VIII. ALLOWABLE TRANSFERS TO A TRUST A. Transfers to a Trust for the "Sole Benefit" of an Allowable Person 1. Transfers by the a/b or any person with legal authority to act in place of or on behalf of the a/b to another party for the "sole benefit" of certain “allowable persons” may not be sanctioned.
2. An allowable person is:
a. The a/b’s legal spouse, or
b. The a/b’s blind/disabled (determined by SSA) natural, adopted, or stepchild of any age, or
c. Other unrelated disabled individual (determined by SSA) under age 65.
3. To be allowable, a transfer to a third party for the "sole benefit" must meet the following criteria: a. The asset cannot benefit anyone in any way but the allowable person at the time of the transfer and in the future.