Can I keep nursing home from taking all of my mother’s property?

Q: How does my mother make arrangements to keep a nursing home from taking her property in future? She is in a nursing home at present but will be paying on her own after 1/25/14. I would like to take her home with me to see if she improves but her mental capacities are rapidly fading. (Munhall, PA)

A: You have several issues here. One is your ability to care for her at home. The other is potential funding issues if she should deplete her savings and neither she nor you can afford the level of care she needs. This is a Medicaid issue. Consult with an elder law attorney or estate attorney before you do anything. I assume you are concerned about Medicaid. There is a 5 year look back from Medicaid on all transfers without consideration. Some transfers are allowable, others are not and could result in her being ineligible for Medicaid. You do not want to start gifting property to family or changing title to property unless advised by a lawyer.


If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.