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toborthegreat Asked August 2017

Would my ex-girlfriend be able to keep the house if her father goes into a nursing home?

I wrote about my ex-girlfriend having problems taking care of her father. Since he is 85, and has mental issues, she might have to put him in a nursing home since his rage is too much for her. She lives in the house, is 52 years old and been taking care of him for the past 8 years. If he goes in the nursing home, would she be able to keep the house since she was the caretaker for the last 8 years and pays the bills in the house. Thanks again. Should she consult an Elder Attorney?

JoAnn29 Aug 2017
You need a lawyer. You can use Dads money to pay for it. Medicaid doesn't put a lean on the house until death. Medicaid may allow her to live there but pay rent and keep the house up. Rent would go towards his care. A Medicaid lawyer can help with this.

igloo572 Aug 2017
Yes. She will need to try to get the (full- time) caregiver exemption to any recovery (MERP) by Medicaid on the house. How it can happen will be dependent on your state 's Medicaid program.

If she can get house eligible & transfer house in tandem with her dads application, to me that would be best. Otherwise it will need to b done after he dies...... could be years from now. She will need some sort of documentation (on letterhead with state licensing info) from dads MD or SW as to the care dad needed and why. State could want this pretty detailed (like with ICD-10 codes). An experienced elder law atty will know how to approach this.

Bills paid are different. Medicaid doesn't care about debts. Only assets which the house is, as also is his car.

If she has possibly been commingling his income and hers to pay for things, it will pose issues for Medicaid. Atty can deal with this and shepherd dads application & any questions from Medicaid. Try to keep her from getting overwhelmed & help her stay organized for documents needed. Good luck.

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chrismsherman Aug 2017
She should contact an elder care attorney. The house would need to be deeded to her and there are medicaid restrictions that could impact the value.

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