Legal Question in Elder Law in New York

house vs assisted living

i have just moved back into my mother's home. her doctors are suggesting she go to a assisted living facility. is there anyway that i can remain in the house without them taking control of it? my name is not on the house. her home is in new york state


Asked on 1/27/08, 6:51 pm

2 Answers from Attorneys

John O'Donnell Attorney at Law

Re: house vs assisted living

The assisted living facility not take "control" of the house. You may be thinking of Medicare or Medicaid. I would recommend that you and/or your mother consult with an attorney if you are concerned about Medicare or Medicaid.

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Answered on 1/27/08, 8:23 pm
Richard Bryan Richard Bryan Attorney PC

Re: house vs assisted living

Who is "them" that will be taking control of the house? No one takes control of another person's property without their express permission or due process of law.

Unfortunately this is a more serious question than can be answered here. You are looking for Medicaid planning which involves a very close look at the facts and circumstances in each case. There are many, many questions which need to be asked; your issues with mom's house cannot be adequately addressed here.

Good luck to you and mom.

Rick Bryan

New York, NY

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Answered on 1/27/08, 9:09 pm


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