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maggienmolly Asked September 2017

Can the nursing home force me to sell mother's car?

My mother has dementia, due to several falls she is now in a nursing home and we are starting the paperwork for her to stay there, she is 86. There is only me and my sister we are both in our late 50's. There is NO power of attorney, no will, nothing... she has always been in charge of her own affairs. She has a 2010 ford with low miles around 11,000. the title is in her name alone as she bought the car and paid for it. let me add the car has been in 3 accidents each over 5000.00 in repairs and right now it has some dings and dents.The nursing home is telling me I have to sell it for kelly blue book value. I do not sell cars I told them the title was in her name and i can not sign the title. The lady is telling me they will get a notary to come in and sign it over so i can sell it. I do not want the car i will be glad to give them the keys and the title i want no parts of it but they are insisting. My Question is can they force me to sell the car?

coralmae Sep 2017
I honestly don't know why they are insisting that you sell the car, but if you have no use for it, why not sell it? I sold my mom's car last year to the son of a good friend of mine and then was told by the lawyer this year, that I may have to explain to Medicaid, why I didn't sell it at blue book value. I really think that you need to consult a good senior care lawyer.

BarbBrooklyn Sep 2017
So, it sounds as though your mom is about to go on Medicaid and the NH is handling the paperwork.

Mom is allowed to have one car and one home as a "non-countable" asset, so I'm wondering why they are insisting on a sale.

Who at the NH is telling you that you must sell the car?

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Hugemom Sep 2017
Did they tell you why you have to sell the car? Are they filing for Medicaid? They can't force you to do anything, but if this is part of the spend down process, I wouldn't do anything to endanger the process. If you have no attachment to the car, ask why they need you to sell the car and if you get a satisfactory explanation, do it. Since your mom's affairs are in such a mess, you maybe should consult an attorney because you will be stuck with a BIG mess when she passes, and if she has any property or funds at all, it will all be eaten up by Probate.

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