Legal Question in Wills and Trusts in Illinois

''Gifting'' while in Nursing home

Mother is in nursing home. Owns home, some profit sharing and credit card debt. We are under the impression the state will cover nursing home costs only after all assets are gone. Can mother ''gift'' any of her monetary assets before the nursing home?

Can items be purchased/make home repairs?

Should credit card debt and car loans be settled now?

It seems a shame the nursing home will get everything and then the state picks up the tab?


Asked on 1/01/04, 11:50 am

1 Answer from Attorneys

Thomas T. Schlake Thomas T. Schlake Law Offices

Re: ''Gifting'' while in Nursing home

Your mother may make gifts despite her residency in a nursing home assuming she is mentally capable of forming the intent to make a gift. However, depending on the amount of your mother's assets, the nursing home may insist on retaining those assets. In addition, she will not receive public aid if application is made within three years of those gifts unless the gifts are returned to your mother's control.

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Answered on 1/01/04, 5:20 pm


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