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I am living in a long term nursing home facility on New York State Medicaid.. my husband has health issues, lives at home alone ( has title), he is considering selling to down size into a HOA maintained town house. If he were to sell and there's any residual money left after sale can it be the residual be sheltered and protected? What would the consequences be to my medicaid? I would like to move into the smaller home and have Home Care under Medicaid is that possible? If yes then how would I orchestrate that? Will there be any negative consequences?

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You need to talk with an elder law attorney.

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I would say that the house is his so the proceeds are too. But then, do the proceeds become a marital asset and should be split? I too suggest an elder lawyer.

Please realize that Medicaid in home does not pay for 24/7 care. You'll be lucky to get 8 hrs a day. If your husband is having his own health problems, will he be able to care for you the other 16 hrs? I would talk to ur Medicaid caseworker. You have nurses and doctors where u are now. All u will get from Medicaid is an aide who is not medically trained. They cannot give shots or dispense medications.
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You really need to seek the advice of a certified elder attorney on this .
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