Legal Question in Elder Law in North Carolina

Parent living with child

My 87 year old mother currently lives with me due to health issues. She also owns her own home. She comments she wants to sell her home and give her 4 children the money. What would happen if she would end up in a nursing facility afterwards? Also, if she wants to currently give us monetary gifts, would we have to account for that money if she was to end up in a nursing facility?


Asked on 3/31/09, 1:51 pm

1 Answer from Attorneys
Dennis Toman The Elderlaw Firm

Re: Parent living with child

You need to talk with a good certified elder law attorney quickly. Selling the house to make cash gifts are probably not a good idea because that will create a lengthy period of Medicaid ineligibility if she needs nursing home care within the next five years.

Unfortunately Medicaid planning options are limited. New federal laws implemented by the states have made it imperative for single seniors to plan ahead by five years to protect their assets. One option in your situation is a written care agreement, but that needs to be done by a knowledgeable lawyer in this area otherwise the amounts paid to the child will be treated as a gift, too.

This is not legal advice, and you should go talk with a good certified elder law attorney in your area.

Read more
Answered on 3/31/09, 3:09 pm


Related Questions & Answers

More Elder Law questions and answers in North Carolina