Legal Question in Elder Law in New Jersey
Gifting a House
My Mother is on Medicaid and lives in the house she owns. She has Alzheimer's and must have 24 hour supervision - several docs have signed off on this. My siblings and I alternate days/nights watching her. I was told, it is possible for her (actually the POA) to gift the house to us and if we keep her out of a nursing home for over 2 years, the house would not be considered for a Medicaid lien. Is this true?
1 Answer from Attorneys
Re: Gifting a House
If an adult child lives with a parent for a period of two (2) years immediately preceding need for care, providing care to the parent allowing the parent to live in the home, then yes, if Doctor will certify to those facts, house can be deeded to that child. You have to satisfy Medicaid. If none of the children actually lived with Mom, you will have a problem.
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