Transfers for the Purpose of Qualifying for Medicaid are Becoming More Difficult

In March 2012 the Appellate Division found Petitioner ineligible for nursing home benefits based on a transfer of assets to a close friend and joint owner of her bank accounts. Petitioner argued that the transfer was in consideration of over 40 years of friendship, desire to avoid probate, and to avoid relatives challenging disposition of assets in her will. The court upheld the decision to impose the 19 month period of ineligibility for Medicaid benefits. (Mallery v. Shah, 2012)