Legal Question in Health Care Law in Louisiana

if the home of a parent is donated to the children of the parent, with usufruct held for the parent and the parent goes into nursing home and the children sells the house will medicaid look at the usufruct as an asset for the parent in the nursing home. That is of course with the parent giving up the usufruct.


Asked on 8/30/10, 3:50 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Usufruct gives use of but not ownership. If the property title is actually in the heirs names, its value should not be used in the determination of available assets.

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Answered on 9/05/10, 7:26 am


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