Legal Question in Elder Law in Indiana

Daughter Purchasing Family Home

My mother is 81. My sister is her power of attorney. My mother is currently living with my sister. Our family home is vacant and has been put up for sale by my sister, The house hasn't sold. My sister wants my husband and I to take care of Mom. Our home isn't large enough to take Mom in with us. My sister said if we would take care of Mom, she would sign the house over to us. Can she do that? Also if she can do that what happens if she has to ggo to a nursing home? Would we lose it? Help Please!! Thank You


Asked on 8/06/02, 10:37 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Daughter Purchasing Family Home

Depending upon the powers granted to the attorney-in-fact, your mother could trade her house to you in exchange for you caring for her in her old age. Medicaid will look back a certain period of time at the transactions of a person "giving" away property to family members. Depending upon the amount of time you are able to care for your mother at home prior to her entry into a nursing home or long-term care facility, Medicaid may not necessarily consider that she gave her home to you without having received compensation for its value. If you are able to care for her at home beyond the "look-back" period of 36 months, then Medicaid has no interest in the fact that she once owned the home.

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Answered on 8/07/02, 10:43 am


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