QUESTION

the nursing home has or will take 2 bank accounts, home, pension, social security and car ...question can they take household stuff

Asked on Dec 27th, 2011 on Nursing Home Litigation - New Jersey
More details to this question:
like furniture, cothes knick knacks and such
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
The nursing home cannot "take" anything.  They can require the liquidation of assets for payment for services rendered, but not until those services are incurred.  So if there are bank accounts, the contents of the accounts have to be used to pay the nursing homes bills as those bills come do.  Same this with the house.  If the house is sold, proceeds form sale should be put into an account and paid out to the nursing home as the bills form the nursing home are incurred.  Pension and social security have to be paid to the facility as "income" after all of the assets are used.  Also, personal items from the house can be given to family members.  All of this is assuming there is no spouse living in the house, because if there is a spouse, the spouse can keep assets, as well as the house.   
Answered on Feb 06th, 2012 at 8:01 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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