No evidence that appellant made transfer with intent other than to assist a specific child in need; medical event that caused appellant’s short-term placement in skilled nursing facility was not reasonably foreseeable; intent behind transfers was not to gain MassHealth eligibility.
Category: Intent
Appeal 1118365
Transfer of $36,000.00 was made exclusively for a purpose other than to qualify for MassHealth and therefore not a disqualifying transfer; Appellant transferred to her grandchildren a gift of $12,000.00 each; Appellant did so relying on tax advice and in an attempt to ease the financial burden of her grandchildren; at the time of the transfer the Appellant was 83 years old and although she had a number of medical issues she was in reasonably good health and there is no evidence that she transferred the funds with the knowledge that she would be entering a nursing home in 2010 or with the intent to establish eligibility for MassHealth benefits in 2011.
Appeal 1106404
At the time of the transfer the appellant was in good health, living on her own and decided to give a gift to her daughter who was having financial difficulties; no evidence the appellant transferred the funds with the intent to apply for MassHealth 3½ years later; the transfer of $10,000.00 was for a purpose other than to qualify for MassHealth and therefore not a disqualifying transfer.
MassHealth Appeals 