10- 144 C.M.R. ch. 336, § 6

Current through 2024-51, December 18, 2024

Section 144-336-6 - DISPROVING THE PRESUMED TRANSFER

Any transfer of assets by the individual within the look back period will be presumed to have been made for the purpose of becoming or remaining eligible for State-Funded Assistance, unless the individual furnishes clear and convincing evidence that the transaction was for some other purpose and that there was no intent at the time to apply for State-Funded Assistance within the foreseeable future. It is the Department's responsibility to demonstrate that a transfer took place and to establish the date of the transfer. It is the individual's responsibility to prove that the transfer took place for reasons other than to gain eligibility for State-Funded Assistance.

If the individual wants to disprove the presumption that the transfer was made to get help with State-Funded Assistance, the burden of proof rests with the individual. The individual must demonstrate that the transfer was specifically and solely for some other purpose than to receive State-Funded Assistance. Statements and evidence to disprove the transfer must be contained in the individual's record.

The statement should cover, but not necessarily be limited to the individual's:

I. purpose for transferring the asset;

II. attempts to dispose of the asset for Fair Market Value;

III. reasons for accepting less than the Fair Market Value for the asset;

IV. plans for and ability to provide financial support after the transfer;

V. relationship, if any, to the persons to whom the asset was transferred; and

VI. belief that the Fair Market Value was received.

In addition to the individual having to prove that the transfer was made specifically and solely for a purpose other than to get State-Funded Assistance, other factors to be considered include:

I. a sudden onset of a disability or blindness after the asset was transferred;

II. the diagnosis of a previously undetected disabling condition after the transfer occurred;

III. unexpected loss of other assets following the transfer;

IV. unexpected loss of income after the transfer occurs; or

V. court ordered transfers.

10- 144 C.M.R. ch. 336, § 6