Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 336 - TRANSFER OF ASSET PENALTY FOR STATE-FUNDED ASSISTANCE IN RESIDENTIAL CARE
Section 144-336-4 - EXEMPT TRANSFERS

Universal Citation: 10 ME Code Rules ยง 144-336-4

Current through 2024-38, September 18, 2024

The following may be transferred without penalty.

I. The individual's home, if it is transferred to:

A. the individual's child, if the child is under the age of 21 or does or would meet SSI criteria of total and permanent disability or blindness.

B. a sibling of the individual, if the sibling has an equity interest in the home and was residing in the home for at least one year immediately before the date of the individual's admission to a Residential Care Facility, Cost Reimbursed Boarding Home or Adult Family Care Home.

Example:

A brother and sister have joint ownership of a home in which they both lived for the last five years prior to the brother's admission to a Residential Care Facility, Cost Reimbursed Boarding Home or Adult Family Care Home.

The brother may transfer his interest in the home to his sister without penalty.

A penalty would be established if:

1. the sister was not a joint owner or had no equity interest in the home, or

2. the sister had not lived in the home for at least one year immediately before the brother moved to one of the above facilities.

C. a child of the individual, if the child is over the age of 21 and does not meet the SSI criteria of total and permanent disability or blindness, and the child was residing in the home for at least two years immediately before the individual's admission to one of the above facilities and was providing care which enabled the individual to live at home rather than in one of the above facilities for this time.

D. the individual's spouse.

II. Any asset transferred to the individual's child who does or would meet SSI criteria of total and permanent disability or blindness. This exemption also applies to the transfer of assets by the individual or the individual's spouse to a trust established solely for the benefit of the individual's child who does or would meet the SSI criteria of total and permanent disability or blindness.

III. Assets transferred to a trust established for the sole benefit of the individual, where the individual is under 65 years of age at the time of transfer and does or would meet the SSI criteria of total and permanent disability.

IV. Assets which the owner intended to dispose of at Fair Market Value or for other valuable consideration but for which, without being at fault, the owner did not obtain full Fair Market Value.

V. Assets transferred exclusively for a purpose other than to qualify for State-Funded Assistance either at the time of the transfer or at some future date. "Exclusively" means, transferred for that reason only and solely. It is not enough to prove that there was a reason to transfer in addition to gaining State-Funded Assistance. The reason for transferring must be exclusive of gaining State-Funded Assistance.

VI. Assets transferred for less than Fair Market Value that are subsequently returned to the individual. There is no penalty as of the month in which all the assets are returned to the individual. When only part of an asset or its equivalent value is returned, a penalty period can be modified but not eliminated. A penalty remains in effect for the past time period during which the asset had been transferred.

VII. Assets transferred to (or for the sole benefit of) the individual's spouse.

VIII. Assets transferred more than sixty months prior to the month in which the individual resides in a Residential Care Facility, Cost Reimbursed Boarding Home, or Adult Family Care Home and applies for State-Funded Assistance.

IX. Assets transferred for Fair Market Value.

X. Irregular or infrequent gifts provided the cumulative amount of the gifts do not exceed $500 per calendar quarter. Each gift is analyzed separately. This provision does not mean that the first $500 per quarter is excluded when the cumulative amount of those gifts is more than $500.

A transfer is considered to be for the "sole benefit of" a spouse, blind or disabled child, or disabled individual when no individual or entity except the spouse, blind or disabled child, or disabled individual can benefit from the assets transferred in any way, whether at the time of the transfer or at any other time in the future.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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