3.3.12 Homestead property

MDV 209376 (10/27/2023)
Agency conceded multiple errors, ALJ remands for it to finish its determinations

Tags: 1 Applications and Renewals, 1.1 Applications, 1.1.5 Begin dates, 3 Financial Eligibility, 3.2 Assets, 3.2.8 Business property, 3.3 Divestment, 3.3.04 Transfers of exempt income or assets, 3.3.12 Homestead property, 3.3.25 Life estates, ALJ Peter McCombs

DHA Case No. MDV 209376 (Wis. Div. of Hearings and Appeals October 27, 2023) (DHS) ↓ Download PDF Institutional MA eligibility can be backdated up to three months prior to the the month of application. In this case, the petitioner requested an asset assessment in January 2023 but didn’t apply until May. ALJ Peter McCombs […] Read more

MDV 45/86382 (11/19/2007)
No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

Tags: 3 Financial Eligibility, 3.1 Income, 3.1.5 Unearned income, 3.1.5.23 Rental income, 3.2 Assets, 3.2.8 Business property, 3.3 Divestment, 3.3.04 Transfers of exempt income or assets, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 3.3.25 Life estates, 3.3.25.1 Life estate—transfer of property for less than FMV, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kelly Cochrane

DHA Case No. MDV-45/86382 (Wis. Div. of Hearings and Appeals November 19, 2007) (DHS) ↓ Download PDF Issue 1: Caretaker child The caretaker child exception allows an institutionalized person to transfer homestead property to a child who lived with the person and provided care for at least two years. In this case, the petitioner co-owned […] Read more

MDV 155403 (04/30/2014)
Transfer of homestead to caretaker child was a divestment due to short stay in assisted living

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 5 Subprograms, 5.05 Home and Community-Based Waivers Long-Term Care, 5.05.1 Family Care, ALJ Sean P. Maloney

DHA Case No. MDV 155403 (Wis. Div. Hearings and Appeals Apr. 30, 2014) (DHS) ↓ Download PDF This decision finds that the exception to divestment for transferring the residence to a caretaker child does not apply when the applicant resides in an assisted living facility for even a short period of time before being approved for Family […] Read more

3.3.12 Homestead property

MDV 209376 (10/27/2023) Agency conceded multiple errors, ALJ remands for it to finish its determinations

MDV 45/86382 (11/19/2007) No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

MDV 155403 (04/30/2014) Transfer of homestead to caretaker child was a divestment due to short stay in assisted living

MDV 209376 (10/27/2023)
Agency conceded multiple errors, ALJ remands for it to finish its determinations

MDV 45/86382 (11/19/2007)
No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

MDV 155403 (04/30/2014)
Transfer of homestead to caretaker child was a divestment due to short stay in assisted living