Appeal 1019516

Fair Hearing Decision 1019516

Appellant, her husband and their daughter Rebecca and her husband Todd entered into a caregiver agreement; Appellant paid a lump sum of $50,000 in March 2007 for services that had been provided since September 2005 and were contemplated to continue to be provided for as long as possible into the unknown future; no enforcement mechanism available to appellant since the agreement could have been terminated “for whatever reason”; vague list of potential types of care to be provided with no concomitant hourly, daily, monthly or per-activity payment rate for the care; however, Appellant certainly received fair-market value for her housing and care; it was only a matter of financial circumstances that the $50,000 was not paid contemporaneously with the signing of the agreement in September 2005; thus, appellant’s payment of $50,000 to Rebecca on 3/31/07 was not a disqualifying transfer.

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