Elder Law Answers Elder Law Answers

Search Articles

Find Attorneys

How Do I Prove to Medicaid That I Have Been Living With My Mom for Two Years?

  • August 10th, 2018
I have been taking care of my mom for two years, but now she may need to go into a nursing home and apply for Medicaid. She wants to transfer the house to me. How do I prove living with my mom for two years so that I can qualify for the  "caretaker child exception"? Do I need utilities in my name?

While transferring a house to a child may lead to a Medicaid penalty period, which would make the parent ineligible for Medicaid for a period of time, there is an exception for transfers to a "caretaker child." This is defined as a child of the applicant who lived in the house for at least two years prior to the applicant's entering a nursing home and who during that period provided care that allowed the applicant to avoid a nursing home stay.

There are many ways to prove that you lived in the house for two years, including:

  • Magazine or newspaper subscriptions
  • Bills coming to your address for anything, including car insurance, prescriptions, credit cards, etc.
  • Your voter registration
  • Your car registration
  • Any mail you may have received at your new address (of course, everyone uses email today)

Any of these should do the trick. To establish the date, you might show that you filed a change of address form at the post office.

Local Elder Law Attorneys in Ashburn, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD

Jean Ball

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

For more information about the caretaker child exception, click here.


Last Modified: 08/10/2018

Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information