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Lack of Personal Care Agreement

March 8, 2010

Nephew/POA¬† of Appellant sold Appellant’s residence and deposited approximately $121,000.00 into his personal account. Nephew paid the skilled nursing facility approximately $52,000.00 for care of the Appellant. Appellant claimed that the remainder of the proceeds were his as retroactive compensation for care provided to aunt. DSS claimed that the funds retained in the personal account of the nephew represented a transfer for less than fair market value. Hearing Officer found that nephew and appellant did not have a legally enforceable agreement. Hearing Officer also found that since Nephew was not entitled to retroactive compensation from the Appellant for services he provided her for free for a period of 8 years prior to the transfer. Hearing Officer upheld DSS determination of penalty period.

Fair Hearing Decision 3-8-10 (PDF)