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How can caregivers, one being the court appointed adult son, obtain possession of an incapacitated person's home before her estate is out of money?

1 Answers. Asked on Feb 24th, 2017 on Elder Law - Pennsylvania
More details to this question:
My husband's mom was deemed incompetent. Her estate is at a point where her funds will not cover the bills. So, before Medicare put Liens against her home how does the adult child caregiver obtain possession of the home? She is being taken care of at home.
Answers Showing 1 out of 1
Answered on Feb 27th, 2017 at 7:52 AM

I'm not certain what you're asking here. Your mother in law will continue to own her home -- that should not change during her incapacity unless there's a reason to sell the home.  Medical assistance (not medicare), if she is eligible and needs it to pay for skilled nursing care in a facility, will have a claim on her estate (which may include her home) for reimbursement.  Your question sounds like one of someone wanting to shelter assets from medical assistance.  More informaiton is needed.  I would recommend that you contact an attorney who provides estate or elder law planning in your area.  if you are in Western PA, feel free to contact my office. 

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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