How to Avoid TEFRA Liens
- 1). Seek your long-term care on an outpatient basis or hire a permanent caregiver to assist you at home. As long as you are living within your home, a TEFRA lien cannot be placed against the property.
- 2). Evaluate whether your spouse will be seeking long-term care outside the home along with you. Even if your spouse's name is not on the mortgage deed, having her live within the home while you seek a new permanent residence to ensure the best possible medical care will prevent the government from seeking a TEFRA lien against the property.
- 3). Allow a friend or relative with a child under the age of 21 or a permanently disabled child to move into your home. The government will not place a TEFRA lien against your home if it is the primary residence of a young or disabled child.
- 4). Permit any siblings who have provided care for you for the past year and currently reside in your home to continue living there after you move into a permanent care facility. This will prevent a TEFRA lien from being levied by the government.
- 5). Check with your doctor to find out if your health is expected to improve. If your health condition will improve and you will be able to move back home in the future, you do not meet the federal definition of "permanently institutionalized" that is required for a TEFRA lien to be placed on your property.
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