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++++++++++++++++++ + +++ +LEGAL EASE +++ ++++++++++++++++++ PRESERVING AN ELDER'S HOME — The CAreTAKer ChilD eXCePTiON by Jennifer L. Lile, esq. "H oW CAN I protect my home from being sold to pay for nursing home care?" This is one of the first questions raised by an elderly person seeking advice on planning for the future, especially after a recent debilitating diagnosis. For the average American, one's home is his or her single largest asset financially and emotionally. The general rule is that an elder's home must be sold within 13 months of moving to a long-term care facility, and only when the sale proceeds are exhausted will Medicaid contribute to the facility care costs. However, Ohio Administrative Code Sec. 5101:1-39-07 exempts certain transfers from being considered "improper," and one of great 32 | Cleveland/Akron/Canton MD News import to elders which involves their physician is the so-called "caretaker child exception" (OAC §5101:1-39-07(E) (1)(d)). This law permits the elder's home to be deeded to the adult child who has resided in the home for at least two years preceding the elder's institutionalization, provided the child has cared for the elder during this period and this care has enabled the elder to remain at home rather than a facility. In order to qualify for this exception, a "Level of Care Assessment" (Form JFS 03697) must be completed by the elder's physician confirming that the elder would otherwise have required institutionalization through the two-year period if the adult child hadn't provided care. Finally, the form ■ mdNEWS.Com ■ NovEmBEr /dECEmBEr should be accompanied by a doctor's letter stating: "As a result of [elder's] diagnosis, he has required help with the activities of daily living, as well as decision-making and the handling of his personal affairs for more than two years. [Elder's] primary caregiver has been his [child]. Had it not been for the care provided by his [child], [Elder] would have been admitted to a nursing home at least two years prior to his admission." Jennifer Lile is a Director with Krugliak, Wilkins, Griffiths & Dougherty Co., LPA, in Akron. Mrs. Lile is a member of the firm's Estate Planning Practice Group. ■ NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.