Revised January 2019 | More about Long-Term Care Legal Services
The Arizona Long Term Care System (ALTCS) presumes that all gifts made within the 60 months preceding the application for ALTCS benefits were made with the intent to qualify for benefits. This will trigger a period of ineligibility, on the theory that those assets could have been used to pay for the individual’s care.
Not all transfers, however, trigger a period of ineligibility. Federal and state laws contain various exceptions to the rule against making gifts.
Generally speaking, the applicant's home is exempt from being counted as a resource, as long as the applicant’s home:
However, when title to the applicant’s home is transferred to another, this will trigger a period of ineligibility unless the transfer is made to the applicant’s:
Because assets held in the name of either spouse are included when determining eligibility, ALTCS does not care which spouse owns the asset. Arizona law provides that there is no transfer penalty if:
This means that an institutionalized spouse is allowed to transfer unlimited assets to the spouse or to someone else for the sole benefit of the spouse. The law states, however, that any assets transferred to another for the sole benefit of the spouse must be spent for the benefit of the spouse within a timeframe corresponding to the spouse's life expectancy. This is particularly applicable when an annuity, purchased by the applicant’s spouse, pays out in a series of monthly payments to that spouse. These “Medicaid Annuities” have a number of specific rules that must be complied with, so be sure to seek competent advice from an elder law attorney familiar with these rules, as well as a competent investment advisor regarding the purchase of the annuity.
No transfer penalties will be imposed if the asset was transferred to the individual’s child, or to a trust established solely for the benefit of the individual’s child, so long as the child is either blind or permanently and totally disabled as defined by the individual state program or as defined by Supplemental Security Income rules.
In the event a transfer was made resulting in a period of ineligibility, there may be a chance you can convince ALTCS that the ineligibility will result in an undue hardship. This will not be an easy task, however, because in order to claim undue hardship you must meet all of the following conditions:
As you can see, ALTCS eligibility is complicated, and advice from an attorney who frequently works in this area of the law is highly recommended. At Frazer Ryan, we work hard to say up to date on the law and on methods to ensure that all eligible individuals are properly prepared to qualify for ALTCS. We encourage you to give us a call to discuss your particular situation with us.
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