Legal Question in Elder Law in Virginia

Mom and Dad own home jointly. Mom in nursing home on medicare. Can medicare take

Mom is in a nursing home for past 5 years and home is jointly owned. Can dad sell home after mom passes without medicare or medicaid getting moms shared? Does he have any options?


Asked on 2/19/04, 9:01 am

1 Answer from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: Mom and Dad own home jointly. Mom in nursing home on medicare. Can medicare

First we must assume that the home is owned by husband and wife with SURVIVORSHIP rights. Medicare, as such, does not seek reimburdsement except when Med benificiary is injured by "3rd party" neglignce. When Medicaid incurrs expenses

and the patient's spouse occupies the jointly owned home as a bona fide resident, Medicaid, as such, does not prosecute any lien on the home so long as that residence continues. They may take action upon the death of the patient's spouse when it is no longer the personal residence of ether husband or wife.

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Answered on 2/19/04, 6:13 pm


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