QUESTION
What is the law regarding selling my mother's home after she is put in assisted living?
Asked on Nov 30th, 2011 on Estate Planning - Georgia
More details to this question:
My mom owns her home. She has been diagnosed with dementia. What is the law about selling her home with the prospect of her having to be put in an assisted living/nursing home?
5 ANSWERS
3 Awards
I think you are inquiring about what options exist for your mother with regard to Medicaid planning. This is a fact specific inquiry. Your mother's entire financial picture needs to be reviewed with an eye toward appropriate planning. She may need a guardianship to facilitate this type of planning.
Answered on Dec 06th, 2011 at 1:15 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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You must establish a guardianship and conservatorship for her. You would then petition the court for authority to sell the house.
Answered on Dec 05th, 2011 at 9:07 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If someone has a power of attorney that gives them the power to sell the home, they can do this. You may need to petition the court to be named conservator so you can handle financial matters. In either case, you must act only in your mother's best interests, and manage her money to get the best care for her. If she will spend a long time in assisted living, it is likely that she will spend all her assets for her care. Incidentally "diagnosed with dementia" does not mean incapacitated. You should continue to the extent possible to involve your mother in decisions and respect her wishes.
Answered on Dec 03rd, 2011 at 1:07 AM
Business Entity Formation Attorney serving Poughkeepsie, NY
Partner at
Law Offices of Lorenzo L. Angelino
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You must file for an Article 81 Guardianship over your mother's estate in order to be appointed power of attorney (if there isn't already one out there) so that you may sell her property to provide for her care.
Answered on Dec 03rd, 2011 at 12:42 AM
Glen Edward Ashman
There is no one law as to this. There are many issues, and you need to see an elder care lawyer to evaluate what you can )(and cannot) do.
Answered on Dec 02nd, 2011 at 9:25 AM