Legal Question in Health Care Law in Virginia

My elderly mother and stepfather are both in fragile health. The house is in her maiden name, paid for by her only. They have separate banking accounts. If one were to go into nursing home, would the assets of the other be taken to provide care?

Asked on 8/10/11, 5:54 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If your stepfather were to go to a nursing home, your mother's house would

probably be safe from state Medicaid collectors; the same, however,

may not necessarily be the case in regard to this house if your mother were to go into a nursing home.

Other property such as bank accounts separately held and owned by one are unlikely to be affected by the nursing home status of the other.

You should arrange for a consultation with an eldercare law attorney for a

more definitive assessment of the situation of each with respect to your

concerns (in my opinion).

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Answered on 8/29/11, 7:14 am

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