Can my sister force my disabled sister out of the family home?

Q: My sister is disabled and living in our mother’s home in Wheeling, WVA. My mother now resides in a senior living facility. My other sister wants to kick my disabled sister out, but she’s on disability and can’t afford housing. She claims that they need to sell the house to pay the $500 monthly facility cost. Please advise. (Pittsburgh, PA).

A: You need to get to a WVA elder lawyer who is versed in Medicaid and SSI law immediately. Every state manages it’s Medicaid program differently. However, my thought is that you might apply for Medicaid now and be able preserve the home if under the WVA Medicaid there is an exception for a disabled child living in the home, or a child living in the home who was serving as a caretaker at the time of the institutionalized parent’s application. Some state’s Medicaid rules have such provisions.

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