Legal Question in Elder Law in Maryland

My father had been taking care of my elderly stepmother. My father recently suffered a stroke and has lost most of his short term memory. My step brother has POA for my stepmother and my sister has POA for our father. Our stepmother has been put into a nursing home and my step brother had to pay the full cost for the home since she isn't on Medicaid. My father and stepmother have pretty much kept their finances separate over the years.

Can the nursing home go after their house or my fathers finances?

Is going with Medicaid the best option?

How can we protect my father's home and assets if she doesn't qualify for Medicaid?

I know my father would not consent to paying for any nursing home costs with his assets. My father also may make a complete recovery in months from now.

Asked on 4/16/12, 7:21 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

This type of situation really needs skilled planning and advice tailored to the specific situation. Most nursing homes have someone on staff to help apply for governmental benefits.

Basically Medicaid is available for financially needy individuals. Some benefits are available based on age through Medicare but often there is a gap between when these benefits are used up and Medicaid kicks in. In some circumstances a home may be excluded from the government's calculation of assets while other assets will go directly to the cost of care.

The above offers general information and shouldn't substitute for legal advice on the specifics of your situation.

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Answered on 4/26/12, 12:21 pm

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