Legal Question in Elder Law in Illinois

mother in law in nursing home

My mother in law, Ginny, was diagnosed with alzhiemers 10 years ago. My husband and I moved into the family farm, 6 years ago, to help with her care. She has been in a nursing home since April of this year. The problem is her care is now costing $6,000 a month and everything is in her name. The family farm is about 80 acres with 2 houses on it. My family lives in one and my father in law in the other. If we can't get some financial assistance we will lose our homes.

What can we do?

Thanks for your help,

Rita


Asked on 6/25/08, 12:10 am

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: mother in law in nursing home

Medicare has a five year look back period. Even if you did the transfers now, Medicare can reverse them. However, if relatives move into the property with the express intention of taking care of the person in the nursing home, and have lived with and cared for the person for 2 years, you may not lose the farm. Your father in law has some rights to the property, as well. The law will not allow the "community spouse" to be impoverished because the other is in a nursing home. Please call me for further discussion.

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Answered on 6/25/08, 11:55 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: mother in law in nursing home

this is a complicated problem. You need to do a number of transfers immediately.

Contact me and I can give you the specifics.

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Answered on 6/25/08, 12:16 am


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