Will the Nursing Home Take My House?

The short answer is no, the nursing home will not take your house, but owning a home may affect your ability to qualify for Medicaid. The long answer is more complicated. Each situation is unique and an experienced elder law attorney like the attorneys at The Elder Law Group should be contacted if you or a loved one is entering a nursing home. In other words, don’t try this at home! But, let’s get back to the question: Will the nursing home take your house?

When someone enters a nursing home, there are several ways that person can pay for the nursing home:

1. Private pay (out of pocket);

2. Long-term care insurance;

3. Medicare (which only pays between 20 days to 100 days and could pay less depending on the circumstances surrounding your admittance into the nursing home and your Medicare supplements);

4. Veterans Benefits (which usually do not cover the entire cost of a nursing home); and

5. Medicaid

Medicaid is federal and state program. So, while the rules may be similar from state to state, each state has its own unique rules. This blog post discusses Missouri’s Vendor Medicaid program. If you live in a state other than Missouri or have questions about a Medicaid program other than Vendor (nursing home) Medicaid, please consult an experienced elder law attorney in your area.

If a married person qualifies for nursing home Medicaid and their spouse lives in the marital home, their home is protected from Medicaid. If a single person qualifies for nursing home Medicaid, their house (with some exceptions), is protected for the first two years that person lives in nursing home. After two years (with some exceptions), the house becomes a countable asset and can disqualify the person from receiving Medicaid. In either scenario, if a single person receives nursing home Medicaid, Medicaid can put a lien (called a TEFRA lien) on the house (with some exceptions). This lien can be enforced by the State of Missouri after the person passes away.

There are many options to protect your home before, or at the time, you or a loved one needs a nursing home. Do not transfer your house to your child or another family member without talking to an elder law attorney first. Transferring your house, whether done before or after a five-year Medicaid look back period, can have serious and irreversible consequences. The attorneys at The Elder Law Group are experienced in nursing home asset protection and can meet with you and your family to tailor a plan that makes sense and cents for you and your loved ones. Contact us today at 417-708-2044 or at info@TheElderLawGroup.com to schedule a consultation.

The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.