COUNTABLE  ASSETS

Medicaid looks at the assets of the recipient and the recipient's spouse in determining countable assets.  Assets excluded by Medicaid in the determining eligibility (such as 1 auto) are not penalized if transferred.  Transfers of real property partial interests to create a life estate or tenancy in common are penalized.

The BIG exception to this is the family home.  While excluded if the community spouse lives there, the community spouse CANNOT give it away without possibly incurring a penalty.