How to protect your home if you are admitted to a nursing home part 3

How to Protect Your Home if You How to Protect Your Home if You Are Admitted to a Nursing HomeAre Admitted to a Nursing Home

Part 3Part 3

Boston Elder Law AttorneysBoston Elder Law AttorneysSpecializing in Medicaid PlanningSpecializing in Medicaid Planning

Cohen & Oalican, LLCCohen & Oalican, LLC

617-263-1035- Boston617-263-1035- Boston508-821-5599 – Raynham508-821-5599 – Raynham978-749-0008 - Andover978-749-0008 - Andover

How to Protect Your Home if You Are How to Protect Your Home if You Are Admitted to a Nursing HomeAdmitted to a Nursing Home

Part 3Part 3Medicaid LienMedicaid Lien

There is also the distinct possibility ofThere is also the distinct possibility of

Medicaid putting a lien on your home to Medicaid putting a lien on your home to compensate for the expenditure on your compensate for the expenditure on your treatment. If you sell your home while still treatment. If you sell your home while still living, the lien would have to be satisfied by living, the lien would have to be satisfied by reimbursing the state for the amount spent reimbursing the state for the amount spent on your medical care. on your medical care.


Part 3Part 3

The only cases where you can claim exemption The only cases where you can claim exemption from this rule is when a spouse, or a minor, from this rule is when a spouse, or a minor, disabled or blind child, or a sibling with equity disabled or blind child, or a sibling with equity share in the property, is living in your home..share in the property, is living in your home..


Part 3Part 3

Recovery of EstateRecovery of Estate

As stated earlier, only if a spouse, a minor, blind, or As stated earlier, only if a spouse, a minor, blind, or disabled child, or a sibling with a share in the disabled child, or a sibling with a share in the property inhabit the house, can you be exempted property inhabit the house, can you be exempted from the state claiming it as recompense for your from the state claiming it as recompense for your Medicaid expenses of your nursing home treatment. Medicaid expenses of your nursing home treatment. If the spouse of dependent family member move out If the spouse of dependent family member move out or dies, the state can again try to claim the property. or dies, the state can again try to claim the property.

..


Part 3Part 3

There are some situations however, when the There are some situations however, when the value of a home or property can be protected value of a home or property can be protected against recovery by Medicaid.against recovery by Medicaid.

These are:These are:

•• If you or your spouse owned the home as If you or your spouse owned the home as tenants by the entirety.tenants by the entirety.

•• If the house is in the name of your spouse and If the house is in the name of your spouse and you have given up your interest in it.you have given up your interest in it.


Part 3Part 3•• If the house is in the name of an irrevocable trust.If the house is in the name of an irrevocable trust.

•• If any family member is eligible as a ‘care-taker If any family member is eligible as a ‘care-taker child’. This is applicable when a daughter/son child’. This is applicable when a daughter/son looked after you prior to your admittance to a looked after you prior to your admittance to a nursing home and has no other place to live in. nursing home and has no other place to live in. The person can then avoid a Medicaid claim on The person can then avoid a Medicaid claim on the house after your demise.the house after your demise.


Part 3Part 3 It is advisable to have a detailed discussion with It is advisable to have a detailed discussion with

an attorney regarding this ‘care-taker child an attorney regarding this ‘care-taker child exception’ and whether it can be applicable for exception’ and whether it can be applicable for any family member in your case. Considering any family member in your case. Considering the many legalities and other policy matters the many legalities and other policy matters involved, the attorney can guide and help you to involved, the attorney can guide and help you to protect and retain your home and property, protect and retain your home and property, against all claims by the state and Medicaid.against all claims by the state and Medicaid.

If you have any further questions please contact, If you have any further questions please contact, Cohen & Oalican LLP, elderlaw attorneys in Cohen & Oalican LLP, elderlaw attorneys in

Boston, Andover and RaynhamBoston, Andover and Raynham

Boston Elder Law AttorneysBoston Elder Law AttorneysSpecializing in Medicaid PlanningSpecializing in Medicaid Planning

Cohen & Oalican, LLCCohen & Oalican, LLC

617-263-1035- Boston617-263-1035- Boston508-821-5599 – Raynham508-821-5599 – Raynham978-749-0008 - Andover978-749-0008 - Andover

How to protect your home if you are admitted to a nursing home part 3

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