Presume that a transfer for less than fair market value was made to qualify for benefits, unless the person who made the transfer can show that it was not made to qualify for benefits. Allow the person the opportunity to show that the transfer was made exclusively for a reason other than to qualify for benefits.
Establish the reason for the transfer and obtain any supporting information needed to support the reason. Consider the reason given by the person along with other case information such as:
- the person's physical and mental condition at the time of the transfer;
- the person's financial situation at the time of the transfer;
- the need for benefits at the time of the transfer;
- any changes in living arrangements anticipated at the time of the transfer;
- how soon after the transfer the person applied for benefits; or
- whether unexpected events occurred between the transfer and application.