QUESTION
If a man goes in a nursing home can they take his property?
Asked on Sep 08th, 2013 on Estate Planning - Michigan
More details to this question:
My father in law goes in a nursing home because of his health. Can the nursing home take his house? And if he has a notarized paper with some personal belongings filled out to get certain items like his truck and furniture, can the nursing home get it? Or is it supposed to be give that person after his death?
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to talk to an attorney who specializes in elder law and estate planning before he goes in to the nursing home.
Answered on Oct 25th, 2013 at 3:59 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Generally a person's assets go to pay of his creditors first.
Answered on Sep 10th, 2013 at 1:15 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The nursing home has to be paid. Some arrangement will have to be made to pay their bills; this will usually mean that someone, acting on behalf of the patient if he can't do his own business, will have to sell his property or otherwise raise money to pay the bills. The nursing home doesn't want his house; they just need their monthly bills paid, that's how things work in a capitalist society. And yes, by the end the man might be broke, and might need to apply for government assistance to pay the nursing home bills. It is what it is; if he needs care, then he needs to pay for the care.
Answered on Sep 10th, 2013 at 12:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the contract.
Answered on Sep 10th, 2013 at 5:05 AM
3 Awards
Medical/nursing home bills are a priority over personal gifts of assets. Is Medicaid paying from him to be in the facility? If so the State is entitled to be reimbursed upon his death. This is an area where attempted gifts or distributions can land your father on the street with no benefits. Do not try to evade the system. There are certain things he can own during his lifetime, but absent him being survived by a spouse or disabled dependent child, bills get paid first.
Answered on Sep 10th, 2013 at 5:03 AM
Every person residing in a nursing home needs to pay the bill for services rendered. If your father-in-law is unable to pay or is on Medicare or Medicaid, his assets will probably be sold to provide the needed funding or to reduce his estate down to the maximum allowed by the government.
Answered on Sep 10th, 2013 at 5:02 AM
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This is a complicated issue but while he is alive they cannot take his house and he is entitled to keep his personal property and cash up to $2,000. After he dies, the nursing home and or Medi-Cal can get reimbursed as a creditor against the estate for monies they expended on his behalf.
Answered on Sep 10th, 2013 at 5:00 AM
Unless he signs a contract allowing for it, they can not get any property but they can charge him cash which might require him to sell the property to pay off the debt.
Answered on Sep 10th, 2013 at 4:55 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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What does the nursing home contract say about liening your father's home?
Answered on Sep 10th, 2013 at 4:54 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The nursing home will not take his property, period. If he is receiving Medicaid, then there is a Medicaid reimbursement act and they can recover some of the benefits paid on his behalf, upon his death. There are ways to avoid this, but it requires proper planning. Your father-in-law may or may not be capable of doing this, at this point. Whether someone else can do so is not clear from your facts.
Answered on Sep 10th, 2013 at 4:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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His assets must be used to pay his bills.
Answered on Sep 10th, 2013 at 4:53 AM