In most states an elderly parent can transfer their home to an adult child who lived in the home with their parent for the two years prior to that parent entering into a nursing home. Living in the home meaning the entire 2 years, not certain days or a few weeks at a time. The child can not be a grandchild or step-child unless they were adopted legally before the two years.

The purpose of this exception is to attempt to keep Medicaid costs down by keeping the elderly out of nursing homes as long as possible due to the cost of nursing home care averaging 2-3 times that of in-home care usually done by a family member.  As long as the parent stayed in the home for the 2 years required, the transfer of the home will not violate any Medicaid look-back rules.

The child would need to prove that they were living in the home for the required 2 years by providing a driver’s license, voter registration records, tax returns, or bills that are with in the time period prior to the parent leaving the home.

The child caretaker would then need to prove that they provided care to the parent that kept the parent out of an assisted living or nursing home facility.  They can do this a few different ways, but if they are working with an agency that provides an aged and disabled waiver program the parent can allow for their records to be used.  While working for the agency the child would have a written record of what the parent needs help doing on a daily or weekly basis along with a daily checklist. The parent would also need to provide medical records, statements by family, friends, or anyone that has witnessed the level of care that they needed.  Doctor’s notes would usually have been provided through the ages and disabled waiver program, but should be requested again if the parent’s health has changed.