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tarajane Asked August 2015

Should I put the house in my name only so they can't take my house for payment of the facility he has to go to if the need arises?

We are in the process of buying a small house in FL. My husband has Mild Dementia. I would be left homeless. Can they take something that's mine and not his for payment ? Help, I am new to this

igloo572 Aug 2015
The whole issue of Medicaid for married couples is a lot more complex than for the straightforward asset/income requirements for a widow or widower needing to apply for Medicaid to pay for a NH stay. No matter what state you live in.

Really see an elder law attorney to discuss what options are out there that work for FL law. Married couples are seen as having joint ownership of property and assets as far as Medicaid is concerned. Medicaid does NOT expect the remaining in the community spouse to themselves become impoverished & you should be able to have funds under CSRA /MMNA (community spouse resource allowance or monthly maintenance needs assessment) shifted to you rather than a co-pay to the facility for his care. There are strategies for property ownership and trusts that may be available for you to do. But just how to do this best depends on a lot of issues and income/assets involved.

For an overview on all this one of the experts on this site - Gabriel Heiser - has a book that goes into just what the programs are. You need to understand what Medicare, Medicaid, IL/AL/NH, hospice, LTC insurance, etc. are and more importantly are not. Don;t make a quick decision on a home that you may really regret and find a penalty on later on. Speak with an attorney.

MaggieMarshall Aug 2015
Listen up. You need an appointment with an Elder Law Attorney as soon as possible. Like right NOW.

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Mincemeat Aug 2015
Are you paying cash for the house? Do you have children that you trust? If that is true, just put the new house in their name.

You really need to be working with an estate planning attorney on this (as well as working with a good title company).

BarbBrooklyn Aug 2015
Tara, you need an eldercare attorney who knows the Medicaid regs in both Kentucky and Florida. Do not try to figure this out on your own, or with your nephew's friend who just got out of law school.

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