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Nursing home legalese?

Additional Information:

My Mom, who is 87 yrs. old and has dementia/early Alzheimer’s, is living with me.  She owns a home, which my daughter and her family are living in currently.  What can I do to prevent the seizure by Medicaid of her home when she has to enter a nursing home, if anything? What are my options with this?

ATTORNEY ANSWER:

Medicaid will not seize a home if your mother enters a nursing and is approved for Medicaid. A home is considered a non-countable asset, so as long as she has met the other financial requirements, Medicaid will approve your mother. A lien will be placed on the house during your mother’s lifetime and enforced during the probate process.

However, there are a few issues in your scenario. First, your mother no longer lives in her home and therefore it will be considered a non-countable asset. Second, does your daughter and her family pay rent? If so, your mother may be able to claim the house as a business asset essential to self support, which is an asset that will be “non-countable” in the application process. Medicaid does not include a non-countable asset’s fair market value in its calculations when determining if your mother has met the financial requirements for approval.

I suggest that you meet with an elder law attorney sooner rather than later to hammer out these issues and the planning that needs to be done.

Margaret L. Cross-Beliveau, Esq., LL.M.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

The Beliveau Law Group: Massachusetts | Florida | New Hampshire

The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and Salem, New Hampshire.

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