Legal Question in Elder Law in Florida

My mother is in a nursing home but is coming home with a 24 hr caretaker. I'm disabled and live with my husband in Florida. My sister wants me to live with my mother and caretaker for two years so we can prevent the house from being yaken when my Mother has to go back to the nursing home in a couple of years. My Mother has Alzheimers. I have been told this will not qualify my Mother for Medicaid because I would not be the one giving care, but that because I am disabled that the assets can be put in trust in my name and she would be qualified. I am 54 years old and have been disabled for a year and a half.

Asked on 12/19/11, 8:56 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

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The eligibility of your mother for Medicaid in FL depends on her health condition, assets, income, and other factors. Regarding her entitlement to homestead exemption, it is required

that the residence either be owned jointly by a spouse or other person who resides or will

reside there upon her admission to a long term assisted-care facility. Such arrangements can be made through a trust or through an enhanced life estate ownership, sometimes called a Lady Bird Deed. This advice is general and based on the facts in your inquiry. Specific advice will require a careful review of relevant facts, legal options, and preferences of family, guardian, caretakers, or other involved persons.

Answered on 12/19/11, 9:16 am

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