In most, if not all, states your nephew will not qualify as caretaker child. This is because the exception to the usual transfer penalty is strictly construed to apply only to children of the nursing home resident. The only reason that I’m leaving a sliver of hope that he might qualify for the exception is that I’ve heard rumors of exceptions around the country. You will need to check with a Georgia elder law attorney to be absolutely certain. Here is a list of attorneys in Georgia: https://www.elderlawanswers.com/georgia-elder-law-attorneys. The attorney can also advise you on the best strategy going forward. From what you’ve written, it’s not clear to me why Medicaid is not already covering the cost of your mother’s care.
For more on the caretaker child exception, click here.
For more information on Medicaid's asset transfer rules, click here.
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