B Transfers Made by Certain Other People

Revised 03/22/2022

Policy

A transfer does not affect the customer’s eligibility for long-term care services when made by someone other than:

• The customer;

• The customer’s spouse;

• Any other person, with the legal authority to act on behalf of the customer or spouse; or

• A person or agency, including a court or administrative body, that was acting at the request of the customer or spouse.

NOTE     A transfer ordered by a court as the result of a judgment against the customer does not affect eligibility for long-term care services as the court’s authority was not given by the customer and the court is not acting at the customer’s request.

Submit a Policy Clarification Request (PCR) to the Office of Eligibility Policy (OEP) when the customer claims that the transfer was made by someone who did not have the legal authority to make the transfer.

Definitions

Term	Definition
Administrative body	A government unit or agency that exercises a legal or regulatory authority.

 

Proof

When a transfer is made by someone that did not have authority to act for and did not act at the request of the customer or spouse, proof of the following is needed.

Proof of who made the transfer

Proof includes the following documents when signed or authorized by the person who made the transfer:

• Court documents;

• Deeds; and

• Canceled checks and bank transactions.

Proof of the person’s relationship to the customer

Relationships include family relationships, Powers of Attorney (POA), guardians or conservators. Proof of relationships includes:

• POA documents;

• Court orders awarding guardianship or conservatorship.

Proof that the transfers were made by someone without legal authority

Proof that a person made the transfer without the legal authority to do so includes:

• Police reports about the transfer;

• Adult Protective Services (APS) reports of financial exploitation; or

• Other documents that show a person’s authority to act on behalf of the customer. For example, a limited Medical Power of Attorney that does not give the representative the right to make financial decisions.

 

Legal Authority

Programs	Legal Authority
ALTCS	42 USC 1396p(c)(2)(A), (B) and (C) 42 USC 1396p(c)(3) AAC R9-28-401 and 409