Elderly parent has no liquid assets, but house is paid for. Father is already enrolled, and receiving in-home assistance, but needs to enter full time care. Will Medicaid make mother sell the house? Or can they convey title to one of the children? I know we need an attorney - but they are so expensive - any advice from someone who has lived it would be great? Time limits? Details? They are in Florida.
Thanks so much for any help.If a parent conveys house title to child, can Medicaid take to pay for nursing home?
It is now federal law that the house has to have been transferred at least FIVE years before the elderly person needs welfare/medicaid assistance to pay for the nursing home. It's called the lookback period.
Since mother will still be living in the home, the government will not require her to sell the house. at this time to pay for father's care She will be able to live there until she dies or goes into a nursing home. At that point, the government will go after the value of the house and the children will be required to give that money to the government. There is no way around this since father will need medicaid/welfare to pay for his care in the nursing home.
If mother transfers the house into the name of the children, the government will NOT pay for any of the nursing home until the family has spent the value of the house for the nursing home. Let's say that the nursing home costs $5,000 a month, and the house sells for $100,000. If mother transfers the house, then the family will have to pay for 20 months of care before the government pays for anything.
Even if mother doesn't go into a nursing home within five years, or even if she lives longer than five years from now, it is too late to transfer the house into anyone else's name at this point in time.If a parent conveys house title to child, can Medicaid take to pay for nursing home?
I believe the rule is either 3 or 5 years ago that it must be transferred- I am not from Florida so I don't know exactly. But If your mother is living in the house, they cannot make her sell it. She will be allowed only so many ';assets'; including 1 car, and probably no more that 1,500 in money.
Try this! It has a whole section on medicare and a section on legal stuff.
You can also ask an expert on this site or ask the community of caregivers. AgingCare.com is a whole site dedicated to caregivers of elderly parents. hope this helps!
I don't know about florida...but they have something here called 'homestead exemption'....which leaves the house and land in the hands of the child....actually, the child becomes the technical owner, but the owner still has rights to the land until death....talk to a lawyer for specifics.
Not sure about Florida, but in Nebraska, the property must be conveyed more than 3 years prior to the patient needing the financial assistance.
';Free legal advice'; is worth just what you pay for it - see someone with expertise.