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530 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services Sole Benefit Requirements Related to Transfer of Assets Assets that are part of the community spouse resource allowance (CSRA) do not have to meet the “sole benefit” requirement. Transfers of all assets, including excluded assets, must meet the “sole benefit” requirement, otherwise they are disqualifying transfers. This includes a home or real property that is listed for sale. Even when the excluded home is transferred to the community spouse or child with disabilities, it must be for the spouse’s or child’s “sole benefit” or it is a disqualifying transfer. If the asset that is transferred is real property, the “sole benefit” requirement is met by having only the spouse’s or child who has a disability’s name on the deed. If the asset is cash, there must be a transfer instrument such as an annuity or irrevocable trust that makes equal payments over the spouse’s or child’s expected lifetime with the client named as the first remainder beneficiary. This will prevent the funds from later transferring to any other beneficiary in the future, if the spouse or child pre-deceases the client. Email APD Policy at APD.MedicaidPolicy@odhsoha.oregon.gov about a disqualifying transfer if: 1. A transfer is made to a spouse or child with disabilities that is not structured in such a way as to be for their “sole benefit.” 2. If a transfer that is made for the “sole benefit”, but you learn that it has changed later. For example, the spouse’s name was put on the deed to the home and then the property was transferred to a trust that names other beneficiaries when the spouse dies. • The transfer was made to an irrevocable trust described in 461-145-0540(9), except that a transfer to a trust under 461-145-0540(9)(a) is disqualifying if the individual is age 65 or older. • The transfer was made to a trust described in 461-145-0540(10) established solely for the benefit of an individual under 65 years of age who has a disability that meets the criteria of the Social Security Administration. This subsection applies to all transfers made on or after July 1, 2006. • The transfer settled a legally enforceable claim against the asset or individual. • A court ordered the transfer (within the look-back period) and the amount of assets allocated to a community spouse does not exceed the largest of the four amounts described under step 3 of Community Spouse Resource Allowance above. • The individual was a victim of fraud, misrepresentation, or coercion, and one of the following is true:
Legal steps have been taken to recover the asset.
The individual is unable to take legal action due to incapacity, there is no legal representative who can act on their behalf, and a referral has been made to Oregon Adult Protective Services. • The amount of the resource was equal to or less than the following amounts excluded as payments received under a Qualified Partnership Policy:
For new applicants, the amount that ODHS|OHA determines can be excluded at the initial month of eligibility, or
For ongoing recipients, the amount of the current exclusion allowed for the Qualified Partnership Policy.