Expert Advice When You Need It Most

I have an elderly parent that is going into a nursery home,and they will be taking all her SS money that she used to pay bills

My mother is 80 years old and will be in a nursey home.If the nursey home takes all her money that she used to pay her credit cards with,how to I deal with the cc payments.She has know assets,only a 1/3 ownership in a house thats worth $200,000.that we all live in.

Save

Attorney answers (3)

Reputation Level 7
I recommend you seek the advice of an estate planning and elder law attorney. Your mother's interest in the house has a value. This value can be attached by Masshealth and Medicare to offset the cost of her care at the nursing home.
In addition, your question doesn't say whether your mother received Masshealth. I would seek the advice of someone who can look at your mother's whole financial picture, find a way to protect her interest in the house, and keep her receiving the care she needs.

Reputation Level 8
The previous poster is correct, you should consult with an elder law attorney. In this instance they will want to know how that property is actually owned and under what circumstances did your mother obtain a 1/3 interest in the home. If that home was just transferred into two other persons name within the last few years, then you may have a penalty period issue to deal.

You also may have certain exemptions that you could use to help protect the house. For instance, the is an exception that will allow your mother to transfer the home to a caregiver child if that child lived in the home for a period of two years and delayed your mother's need to go into a nursing home.

The key is understanding the rights and options available to you under MA. law and that means you will want to speak to an Elder Law attorney in MA.

Avvo Pro

Reputation Level 10
I would recommend consulting with a local attorney, preferably a Certified Elder Law Attorney.

the interest in the house has a value. Your mother may be permitted to qualify for Medicaid benefits with the 1/3rd ownership interest in the house, either because she "intends to return" to the home or because the home is an unavailable resource, but that is not going to pay the credit card bills.

the credit card companies may sue for non-payment and obtain a judgment against her, which may attach as a lien against the house; moreover, Medicaid may be able to place a lien against the house after she dies.

consult with an attorney. there are no easy solutions to problems such as this.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now