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My parents have a home and they are the only ones named on the grant deed. My is concern about his health and wants to sale the home and place my father into a nursing home facilities or put her children name on the deed. The problem is that my father had dementia and cannot sign to deed. Will a caregiver agreement allow one of the daughter to change title with my mother permission?

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Absolutely no need to change the title on the house.
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Your parents' money may run out.Then when one or both have to go on Medicaid, you are going be in trouble with Medicaid law.
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What purpose does it serve to change the title of home? There is no benefit to dad. If he cannot afford services, or facility, he can still apply for Medicaid-- his wife can continie to live in the home for as long as she needs it. Once both of them have expired, Medicaid is required (Federal Law) to conduct MERP, which repays Medicaid for whatever dad needed paid, out of house proceeds. Its important to remember--houses are financial assets to be USED for the owner's needs. If Medicaid pay medical bills, eventually Medicaid must be refunded once the house is no longer needed by the owners. As others have strongly and correctly suggested, seek professional elder care lawyer help asap. Do NOT put home in anybody else's name, that will penalize dad for many many months if he ever needs Medicaid.
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Changing the title in these circumstances can add to your long-term trouble. Check with a good elder care lawyer and tax professional before doing anything! (and not anybody who would have any financial interest in your parents' resources)
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Since I am in the middle of escrow right now, due to close on Nov. 3rd, I can tell you it is not easy selling a home in the best of circumstances. I just happen to have a home in a retirement community in Sun City, AZ with lots of amenities, but there are homes there which have not sold for more than 8+ mos. My best advice is to keep the house since your mother is still in good health, get help for your father's dementia (ADLs), and when he passes, your mother will still have a place to live. At 90 if he was a veteran, you might want to see what VA services would be available to him as totally disabled (either disability pension or Aid & Attendance pension which are both tax-free). A caregiver has no rights when it comes to real estate. They are a paid contractual employees.
I worked very, very hard getting my house ready for the market, so unless you can pay for repairs/upgrades your parents' house will sit empty and you would still have to pay a facility for housing. I found a studio in Oceanside, CA for my husband at $2950, then, if and when he needs assistance, fees are tacked onto that rent. I decided to keep him with me since he paid to send me to nursing school and at this point-in-time I can still manage. He turns 90 Oct. 21st. I have bruises on my arms where he has grabbed me, but I can live with that knowing I am giving him my best care. Consult with your mother and ask her what she would like to do. After all, it is HER house. Best wishes!
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The cost of consulting a lawyer specializing in Elder Law will be well worth it to make arrangements that will be in the best interests of both your parents, now and into the future. Selling a house in these circumstances is not a do-it-yourself decision!
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There is no need to sell the house in order to get him into a nursing home. Mom can stay in the house. BUT if she gives it away, she will get zero help from Medicaid to pay for the nursing home. Ask any lawyer.
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seneca1122, do your parents have anyone as their financial Power of Attorney? If yes, then the POA can act in your father's place and be able to sign any real estate papers. If not, then it could be too late for your Dad to assign someone unless his memory is capable of understanding legal documents. Contact an Elder Law Attorney, and get the Will, POA, and any other legal documents updated.

Since your parents are in their 90's, you may want them to think about selling the house, put the equity into savings, and move into a senior living complex. One that offers independent living apartments with options for extra care when your Dad needs more help. But such arrangements are expensive.

If there isn't enough in equity for a senior living complex, then Dad would need to apply for Medicaid, to which half the equity in the house will be in a lien for Medicaid to collect once the house is sold. Your Mom could continue to stay in the house.
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No, a care giver agreement is only a contract for service and payment for service.

Since your father has dementia, is falls to your mother to be the legal authority. BUT...be very careful here. Unless your Parents have the money to pay for his nursing home for themselves for the next 5 years, you will run afoul of Medicaid law.

With the cost of nursing home running on average $8,000 per month. That is $480,000 for the 5 years. If your mother has to apply for Medicaid to pay the nursing home..then Medicaid will look at that transfer of the home as a gift, and you parents will not be able to get financial help for the length of time equal to the value of the gift. So..say the value of the home was $120,000. When you Dad has spent his money until there is only $2,000 remaining..then an application is made to Medicaid for financial help to continue paying the bills...BUT..that $120,000 not counts against them, even though there is only $2,000 left..they will have to figure out how to pay without help for another 15 months without help. (15 months times $8,000 equals the $120,000 value of the house they gifted to the children).

Do not make ANY decisions about money or assets until you and Mom sit down with an attorney specializing in elder care and Medicaid law. You could cause a lot of pain for you mom if you make the wrong choices now.
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