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Frequently Asked Questions: A qualifying veteran and/or their surviving spouse has moved into an Assisted Living Facility, is the veteran still eligible for the exemption?

Question

A qualifying veteran and/or their surviving spouse has moved into an Assisted Living Facility, is the veteran still eligible for the exemption? 

Answer

DOR rules clairify that a veteran or qualifying surviving spouse may still be eligible for the exemption regardless of "being hospitalized; or being confined to nursing home, hospice, or other similar care facility."  In this scenario, an Assisted Living Facility can be interpreted as a "similar care facility".
 
However, care must be taken to ensure that there is no clear physical evidence that the property is being used as something other than the principal residence of the veteran or qualifying surviving spouse.  This may include, but is not limited to, deriving income from the property through a lease or rental agreement.  If, at any time, the veteran or qualifying surviving spouse cannot resume occupying the property as their primary residence, whether due to some sort of arrangement or formalized agreement, the exemption should not be granted.

Date Posted

1/11/2016 

Submitted By

Mark Johnson, TSG 

Subject

Veterans 
Attachments
Created at 1/11/2016 4:16 PM  by Mark Johnson 
Last modified at 1/11/2016 4:16 PM  by Mark Johnson