Legal Question in Elder Law in California

I own a house with my mom and sisters, each of us is on the deed. My mom has dementia and may need to go to a skilled nursing facility. If she goes on medicaid, can they come after her share of the house when she passes away to recover assets?

She did no advance planning so she has no will, power of attorney etc.


Asked on 10/14/21, 2:03 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

If the facility is paid for by the government, yes, theoretically at least they could seek reimbursement out of the house. However, a) there are a lot of exemptions and exceptions, and b) they would not be able to force a sale of the house to get their money. At most they would get reimbursed whenever the house is sold. You should consult with a local elder financial planner who can advise on your specific situation.

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Answered on 10/15/21, 8:51 am


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