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Transfer of Assets for less than fair market value

March 26, 2010

Appellant hired caregiver to assist her with errands and basic home health care. Appellant’s caregiver was paid $200.00 per week. Appellant’s POA made checks payable to cash. POA    used cash to pay caregiver and purchase household necessities for Appellant. POA did not keep any funds for her own use. POA kept ledger of expenditures. Total of cash expenditures was $22,600.00 Appellant paid over $115,000.00 to skilled nursing facility towards her care. DSS claimed the cash withdrawals were transfers for less than fair market value and imposed a penalty. Hearing Officer found for Appellant.

Fair Hearing Decision 3-26-10 (PDF)