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Archives: 2008

Quit claim

December 11th, 2008

Appellant quit claimed her share of the property to her son and daughter in law; they mortgaged the property; they were denied refinancing options unless the appellant was a co-signer; the property was quit claimed back to appellant; the appellant applied for LTC benefits at the time and then quit claimed the property back to…

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Conservator fees; Christmas gifts;

October 20th, 2008

Appellant paid conservator fees and made Christmas gifts to family members; DSS considered the gifs as improper transfers as there was not clear and convincing evidence to show that they were not for purposes other than qualifying for assistance. Fair Hearing Decision 10-20-08 (PDF)

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Joint savings account

August 26th, 2008

Husband and wife have joint savings account into which monthly SSA and VA benefits are deposited; out of which monthly bills and necessities are paid; the husband and wife successfully rebutted claims that transfers to pay bills were not improper asset transfers. Fair Hearing Decision 8-26-08 (PDF)

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Transfer for purpose of qualifying for assistance; gifts

August 11th, 2008

The appellant gifted large sums of money to her sons in the form of two gifts; one son returned the gift in full; DSS determined the other gift was an improper transfer of assets without receipt of fair market value or other valuable considerations. Fair Hearing Decision 8-11-08 (PDF)

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Personal Care Agreement; Fair market value of home

February 6th, 2008

DSS challenged the payments to family caregiver prior to the execution of a Personal Care Agreement.  Hearing officer found that DSS correctly issued a penalty transfer of assets prior to the execution of the PCA; DSS challenged the fair market value of the sale of the residence; hearing officer found that the residence was sold…

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