Is an adult child who lives with elderly parent responsible for parent’s care if the go into nursing home?
Asked on May 27th, 2019 on Elder Law - Pennsylvania
More details to this question:
I am approaching 65 and considering a move in to my 85 year old mother’s home for shared living expenses in her owned ranch home. If either of us is hospitalized or goes into a nursing home does the other child or parent become responsible for the other’s care in an institutional setting?
Each person is responsible for their own expenses. Please be careful to structure your payments to your mother as rent so that Medicaid does not treat them as gifts if you enter a nursing home and need Medicaid: transfers for less than fair market value during the 60 months before the month of Medicaid application are treated as an attempt to qualify for Medicaid, resulting in a penalty period during which Medicaid does not pay. Please also note that if your mother enters a nursing home and needs Medicaid, Pennsylvania can put a lien on her home. Lastly, these days more people are going into assisted living, which is not paid for by Medicaid or Medicare (though Medicare will provide home health services there on doctor's orders). Your mother may want to access the equity in her home to pay for this, To discuss your situation and the possibilities in detail with an elder law attorney, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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