Legal Question in Elder Law in Illinois

nursing home care

my mother has money in cds.the cds have her name and my name[her son]on the certificates.if she has to go to a nursing home for care,can they take the money from her cds to be used for her care if my name is also on the certificates?


Asked on 12/17/06, 8:49 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: nursing home care

In my opinion, the nursing home would be able to place a lien against 1/2 of the value of the cd's because you are the owner of 1/2. This is tricky. Mom should put the cds in your name now,

well before something happens. This is the best

asset protection planning you can do at this time. I hope my answer is helpful. Now whether

the nursing home could force a sale of the cds

is another matter. In theory this would be

possible, but it would be quite a court fight.

However, certainly I believe that the nursing

home would go the route of a lien against the

cds.

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Answered on 12/18/06, 3:23 am


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