David M. Frees, III Phone: 610-933-8069
120 Gay St, Phoenixville, PA 19460 		Douglas L. Kaune
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Elder Law & Medicaid: Protecting the Family Home

Douglas Kaune, PA Elder Law Attorney

Douglas Kaune, PA Elder Law Attorney

The Family Caregiver Exception is one opportunity available to protect the family home from nursing home spending. Generally, there is a 5 year ineligibility for Medicaid qualification that results from a transfer of the family residence to a child. However, there is no penalty for a transfer of a primary residence if a son or daughter lived with mom or dad for the two years preceding mom or dad moving to a nursing home. Further, the child must prove that he or she provided care that allowed them to stay at home and prevented mom or dad from going to a nursing home during that two year period.

I recently answered a question posed by a reader on AVVO regarding this family caregiver exception and thought you might like to take a look at that commentary here. Here is the relevant federal statutory provision 42 U.S.C. §1396 p (C) (2)(A)(iv). This is an important provision and could provide significant economic protection if utilized properly.

Please feel free to contact Douglas L. Kaune, Esq. any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Medicaid Asset Protection, Nursing Home or Elder law case to determine the appropriate planning for you and your family.
Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning
Unruh, Turner, Burke & Frees, P.C. his a full service law firm with offices in Malvern, Phoenixville, West Chester and serving surrounding areas such as Royersford, King of Prussia, Wayne, Media, Paoli, Exton, Downingtown, Norristown and other towns in Chester County, Montgomery County, Delaware County, Bucks County, Berks County, Philadelphia County Pennsylvania (PA).

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Written by: Douglas L. Kaune

E-mail: dkaune@utbf.com
Phone: 610-933-8069
AVVO Rating: 10.0

Douglas L. Kaune
Douglas L. Kaune
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Mr. Kaune's practice is focused in the areas of estate planning, estate and trust administration, creditor protection, elder law, nursing home and Medicaid planning. He is a frequent speaker on the topics related to his practice. In 2010, Mr. Kaune was named a Top Lawyer by Main Line Today Magazine in the Elder Law section.

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This entry was posted on Thursday, May 27th, 2010 at 7:48 am and is filed under Elder Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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