Posts Categorized: Elder law

My father and mother owned a home for over thirty years. My father died two years ago and my mother is in the nursing home. Can the State take her home after she dies?

If your mother’s care is being paid for by Medicaid, then the answer is “yes”, the State may request reimbursement against your mother’s home after she dies. This is because of a law known as “Estate Recovery”.  Estate Recovery means that the State may seek reimbursement from your mother’s estate for the money the State… Read More »

We will be moving my father into a nursing home in February. The cost of the nursing home is about $7,500 per month. I have heard there are ways to “spend down” his assets and then apply for Medicaid for his nursing home care. Is that true?

Yes, there are legal ways to do “Medicaid planning” and spend down your father’s assets.  For example, you may be able to buy a car, or you may pay for anything else if it benefits your father.  To name a few (there are more), you can buy clothing, furnishings, entertainment, a prepaid funeral contract, extra… Read More »

My husband has dementia and he recently fell and broke his hip. The doctors say he needs 24/7 care. We have a home and some modest savings, and he has a large IRA that he rolled over from work when he retired. Can you let me know what my options are if he is in a nursing home?

You have some good options.  Two major things you should know:  (1) we can protect your home and savings; and (2) there is a recent change in the Medicaid rules that allows specific protections for IRAs.  This type of legal planning is complicated, but when done properly you can protect all of your family’s assets… Read More »

My father is 81 and was diagnosed with dementia/Alzheimer’s. He is still okay but I can tell his memory is starting to get worse. My mother also has health issues and can take care of him now, but I can see a time in the near future where she won’t be able to take care of him 24/7. Is there any special planning they need to do?

Yes, you should make sure both your parents have a written estate plan in place that covers incapacity and transfer of their assets after they are gone. This is generally going to be a Durable Power of Attorney (for handling finances), a Patient Advocate Designation (for carrying out medical wishes), and a Will or Living… Read More »

My husband was recently diagnosed with Parkinson’s disease. I am fine taking care of him at home right now, but I understand the disease can progress to the point where he may need 24/7 care. Is there any way to plan ahead of time to protect our home and what we have saved over the years in case he needs nursing home care in the future?

Yes, there are ways to plan ahead of time and, in fact, you should plan as early as possible when you are faced with a progressive brain disease like Parkinson’s (or dementia or Alzheimer’s).  If you start early, we can set aside certain assets in a special trust to make sure they are protected.  Because… Read More »

My husband was diagnosed with Alzheimer’s and it is getting to the point where I can’t take care of him at home anymore. If he moves to a nursing home, will I lose my home and my life savings?

No, but you must take active steps to protect your assets.  It’s hard to believe, but if you are married and your spouse is going into (or already in) a nursing home, you can protect your home and all of your life savings.  Congress has passed specific laws so that the spouse outside the nursing… Read More »