When a person transfers resources or income, take the following actions:
- Determine what was received in return for the resource or income and how much it was worth. Use receipts, contracts, written statements, or other documents to verify what was received and how much it was worth.
- Determine the fair market value of the property at the time of transfer.
If real property was transferred, verify the fair market value using a reputable realtor or other community member knowledgeable of property values (banker, tax assessor, auctioneer, etc.).
If personal property was transferred, determine the fair market value using:
- an institution with knowledge of the property value at the time of the transfer; or
- a person with knowledge of the transfer and/or the value at the time of the transfer.
- If the person claims they spent the money received from the transfer, ask them to explain how they spent the money.
To verify that the money was spent, use receipts, items purchased, written statements, or other documents. Also consider the person's daily living expenses and possible purchases made with cash.
Use judgment when determining if the funds are still available. It is not necessary for the person to account for every dollar. Instead, the person must be able to show that the funds from the transfer are no longer available.
If the net value of all transfers is $5,000 or less, determine whether the transfer was allowable and, if not, calculate the length of the penalty period.
If the net value of all transfers is more than $5,000, complete a referral packet containing all available information and documents related to the total transfer and send to HFS Long Term Care - Asset Discovery Investigation (LTC-ADI) for review. The LTC-ADI will notify the FCRC of the outcome of its review including the length of the penalty period which must be imposed, if applicable.
When a non-allowable transfer is identified and a penalty is imposed, notify the applicant of the starting date and length of the penalty period. If an appeal is filed by the applicant regarding a determination by the FCRC or the LTC-ADI, notify the LTC-ADI.