Home > Legal > Questions & Answers > Elder Law > What laws do i look under in the state of misssouri for nursing home rights for the elderly on loosing their homes ?
What laws do i look under in the state of misssouri for nursing home rights for the elderly on loosing their homes ?
my grandmother is going into the nursing home and her home has only been out of her name for less than 3 years, i would like to know what rights she has to sell it or will it automatically be taken from her when she enters the nursing home.
If the house was transferred prior to February 8, 2006, it is most likely that the penalty period for the improper transfer of the house would be expired by now. If it was transferred on or after Feb. 8, 2006, I would recommend seeing an elder law attorney as to what your options are.
Medicaid does not swoop in and take or sell a house. There may be a lien placed on property after death, to recover Medicaid expenditures. If the house is transferred back into her name, she can sell it. or it is likely the current owner could sell it for fair market value and give her the money back. I would normally recommend the first of those two options.
I am not an attorney in your state and suggest that you contact an elder law attorney there to help sort it out. It will be worth the time and money to hire a professional in this instance.
You really should speak with an Elder Law attorney on this matter. You have several questions that you will need to be able to answer. First, when exactly was the house transferred? This is cricital becuase in 2006 the rules regarding transfers of assets changed. Secondly, was the home transferred to a person or a trust? In this case it sounds like to a person but you will want to know this answer for sure. All of this relates to what is known as the lookback period. The lookback period is the amount of time that medicaid is going to lookback from the date of your application to find transfers for less than fair market value. This is only half of the equation though.
Once it has been determined that there was a transfer of a non-exempt asset for less than fair market value, then your grandmother would be subject to a penalty period. The penalty period is a period of time during which they will not be eligible for medicaid. In other words they are not going to take the home when she enters the nursing home but they are also not going to pay her bill if she is subject to a penalty period.
