Legal Question in Elder Law in New York

Assisted Living Funds Question

My friend's 89 year old grandfather, Dave, owns a house. Dave's 45 year-old daughter lives with him. The house is in Dave's name. Dave does not have much money, because he lives off of social security and retirement funds. If his health failed, and Dave had to move into an assisted living facility that he could not pay for, could the assisted living facility force him to sell his house to pay for their services? If Dave put the house in his daughter's name, would that prevent the assisted living facility from using his house as collateral?


Asked on 11/26/05, 6:47 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Assisted Living Funds Question

What's the daughter living off of? And why are you asking the question instead of Dave?

The Nursing Home will be paid by Social Security Part B, usually for 6 months, then he will have to apply for MassHealth (Medicaid), and the state will have a lien on his house for as much as it pays for his care.

Transferring the real estate now will, if he needs to apply for Medicaid, cause a "lookback period" for which he will not be eligible for Medicaid. The term of the lookback depends on the way the property is transferred, how much the nursing home costs, and how much he can pay out of his assets.

If there is no history of Alzheimer's, and Dad is in reasonably good health, he is better off not doing anything.

And why do YOU want to know?

Ray Bilodeau

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Answered on 11/27/05, 6:39 pm


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