Would they take property to cover nursing home care? 12 Answers as of July 01, 2015

My elderly father and myself own a house together, both names are on the deed. If he goes into a nursing home can they take the house for payment? He is on medicare, supplemental security income and a retirement pension. He is 87 years old and now is living with me.

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Vandervoort, Christ & Fisher, P.C. | James E. Reed
Answer depends on a number of things. If he receives Medicaid benefits, then the State will have a lien on his interest (not your interest) in the house. If you 2 own the house as joint tenants or as joint tenants with full rights of survivorship, then his interest will end upon his death and the State will have no lien.
Answer Applies to: Michigan
Replied: 7/1/2015
Ronald K. Nims LLC | Ronald K. Nims
They can take his 1/2 the house, if they pay for his nursing home bills.
Answer Applies to: Ohio
Replied: 7/1/2015
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
Yes, Medicaid can seek recovery from your father's 50% share of the house after he passes away. There are some planning methods that you can still do at this time to protect your father's asset. You should speak to an Elderlaw attorney to discuss your options. Our firm offers free consultations.
Answer Applies to: New York
Replied: 7/1/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
The nursing home cannot take the home for payment. What normally happens is if the person initially goes into the nursing home and is not on Medicaid and the person can qualify for Medicaid, the home could not be in their name to be able to qualify for Medicaid. The nursing home will apply for Medicaid benefits for the person and get their payment that way. As for your father, I don't know what his income is from the benefits that he is presently receiving, however the sum of them may cover the monthly cost of the nursing home. Check with the nursing home to see what their monthly fee is.
Answer Applies to: Florida
Replied: 6/30/2015
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
Medicare can look back into your father's transactions 60 months from when he applies for Medicaid. If you were placed on title during that 60 month period Medicaid will be denied during a pay-down period. If you and your father were both in title to the real estate prior to the 60 month look back period then they would be able to lien the house to cover Medicaid payments but only to the extent of his share in the value of the house. They could take up to ? of the value on sale of the house. They would not be able to require you to sell the house while you were still living in the house.
Answer Applies to: Illinois
Replied: 6/30/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Would depend on the contract terms you have with the nursing home; my suspicion is nursing home would have a lien on his share of the home you own with him. I suggest you obtain a probate lawyer who has experience in the determination of your rights and liabilities if any with nursing home as to your father's share of the residence, and any effect on your share of the residence.
    Answer Applies to: California
    Replied: 6/30/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I need more details, and it will depend on the titling of the house and when the transfer to you was made.
    Answer Applies to: Michigan
    Replied: 6/30/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You should probably have a conference with a lawyer who does Elder Care law. Medicare does not expect to be reimbursed, but if you use help from the State (Medi-Cal) they may place a lien on the house, which would have to be paid upon his death.
    Answer Applies to: California
    Replied: 6/30/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    This a complex question. There is no way to answer this in this forum, aside from saying maybe. You need to speak with an elder law attorney who will need to gather a lot of facts and then can advise you.
    Answer Applies to: Nevada
    Replied: 6/30/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    There is a possibility that either the house would need to be sold or that you would need to purchase your father's share. However, check with the nearest Medicare office and with the social worker at the nursing home. A person is allowed to have some assets to his or her name while on Medicare and if the value of the house is low enough, your father might be able to keep his share.
    Answer Applies to: Nebraska
    Replied: 6/30/2015
    Attorney At Law | James G. Maguire
    They could, but probably won't. They could only go after your father's half, and it probably is not worth their while. What you and your father should do is enter into a written personal service contract. The two of you would agree on what services you are providing to him, and the value of that care. That would make it even less likely that Medicaid would go after his interest in the house.
    Answer Applies to: Louisiana
    Replied: 6/30/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Your question requires careful review of all of the facts surrounding the circumstances. In general ( and I mean in general, this is not legal advice related to your question) if there is a joint owner on the home, they can't "take the house." What will happen if your father needs assistance from the state's Medicaid program is that the cost of his care will create a bill; that amount will be a claim in his estate; probably the only thing in his estate will be the house; so you will have to repay the cost of Medicaid up to one-half of the value of the house (your father's share). Most likely you'll have to sell the house to do that. Different rules apply if your father is married. Again, you should talk to a lawyer experienced in elder law and Medicaid; there may be exceptions to these rules that will apply in your case. Mainly, if your father needs care, he needs care. At some point, it will not be OK for him to be at home, he will need the kind of care that can only be provided in a residential care facility. Admittedly paying for that care can be a huge burden, but if your father needs a residential care facility, you should get him to one.
    Answer Applies to: Oregon
    Replied: 6/30/2015
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