The following may be transferred without penalty.
Example:
A brother and sister have joint ownership of a home in which they both lived for the last five years prior to the brother's admission to a Residential Care Facility, Cost Reimbursed Boarding Home or Adult Family Care Home.
The brother may transfer his interest in the home to his sister without penalty.
A penalty would be established if:
A transfer is considered to be for the "sole benefit of" a spouse, blind or disabled child, or disabled individual when no individual or entity except the spouse, blind or disabled child, or disabled individual can benefit from the assets transferred in any way, whether at the time of the transfer or at any other time in the future.
10- 144 C.M.R. ch. 336, § 4