PROTECTING YOUR HOME USING THE PARENTAL CARE RULE

The Parental “2 Year Rule”

The Parental Care Rule allows the Medicaid applicant’s child to assert that he or she has taken care of their parent for the past consecutive 24 months, and thus the home is not a penalized transfer.

The following information should be provided:

1. Utility bills, auto registration, or other documents containing son/daughter’s name and address (one 24 months ago and one dated one month prior to application) to prove residency at home.
2. Written verification from the applicant’s physician stating that the applicant’s condition required long term care (can’t perform activities of daily living, etc.).
3. Statement from the child that they provided the needed care to prevent the parent’s institutionalization. The statement should include but not be limited to items such as:
   1. Improvements in home – wheel chair lift, ramps, h/c bathrooms etc.
   2. Who provided the care? Did you leave your job, or hire health care aides while working?

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David Wingate is an elder law attorney at the Elder Law Office of David Wingate, LLC. The elder law office services clients with powers of attorneys, living wills, Wills, Trusts, Medicaid and asset protection. The Elder Law office has locations in Frederick, Washington and Montgomery Counties, Maryland.

Notice: this Blog is published as a free service of the Elder Law Office of David Wingate. The information is for general informational purposes only and does not constitute legal advice. For specific questions, please consult with one of our experienced attorneys. We encourage you to share this newsletter with anyone you think may be interested.