I am getting ready to apply for Medicaid for my mother for assisted living. I just read that when she passes away, Medicai...Read more
Probably not. Every state Medicaid program is different, but in most cases Medicaid will pay for your mother’s care even if she keeps her home. However, the state will place a lien on the house so that it will be reimbursed when the house is sold or upon your mother’s death. From what you describe, it may be possible to protect against this claim by transferring the house to your sister. This is usually not allowed, but your sister may qualify for the “caretaker child” exception. I strongly recommend that your family consult with a local elder law attorney to determine what makes the most sense in your situation.
For more on Medicaid's asset transfer rules, including the "caretaker child" exception to these rules, click here.
Local Elder Law Attorneys in Ashburn, VA
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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...
Medicaid Rules, etc