I live with my 95 yr father and the house is in his name. I would need to live here if he goes into a facility. Any suggestions?

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I have POA, but that is it. How can I protect the home.

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Mrsbill, the only time one would need to worry about the house is if a parent goes into a senior facility and is using Medicaid [not Medicare] to pay for all the costs.

If your Dad is using Medicaid, you can still live in the house until he passes. Then Medicaid will place a lien on the house, and the house has to be sold so that Medicaid can be reimbursed.

Now, it you can prove that you were doing all the care that a nursing home would had been giving your Dad for two year, you may have a case to keep the home. You would need to have proof of this care. Such as doctor reports, possibly a journal show daily what you did for Dad, etc. Each State is different so you would need to call your State Medicaid to see what are the rules.

You could even contact an Elder Law Attorney to help you along this maze called Medicaid. Does your Dad have a Will, and a Medical Directive, maybe a Revocable Trust? If not, those legal documents, especially the Will and Medical Directive, are extremely helpful. A Trust would keep your Dad's estate out of Probate Court.
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You need to consult an estate attorney that has knowledge of the Medicaid rules in your state, or an elder care attorney. Is there a chance he will live to be 100? If so, and your state has a 5 year look back, your father could quit claim deed the house to you.

But if he needs to go into care soon, it is way too late for that. As far as I know, Medicaid will not take the house until they pass away, so you could stay in the house.

But, there are several buts and that depends on your state. Medicaid will probably not allow any of your father's money to support you while you are living there.

Give us more details and maybe we can offer more suggestions. Why is it that the greatest generation was in denial about estate planning? Best to you!
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