I just applied for Medicaid for my mom and dad to receive home care. I don't think either of them will move into a nur...Read more
This is difficult because both of your parents have been receiving Medicaid benefits. Often, where only one has received benefits they can plan to avoid the lien by making sure that the house ends up in the name of the spouse who did not get benefits. Generally, owning the house will not affect the owner’s eligibility for benefits. Normally, I would say it would make sense to put the house in your mother’s name and for her to sign a new will creating a so-called “testamentary” trust for your father’s benefit. This would protect the house from any claim based on benefits paid on your father’s behalf, but could be a problem in terms of your mother’s benefits. What to do may depend on understanding the value of the benefits paid on each of your parent’s behalf.
As you can see, you have a very fact-specific situation which also depends to some extent on how Virginia applies the Medicaid law. I strongly urge you to consult with a local elder law attorney, the earlier the better so that your mother can still take any steps that may be recommended.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...