Legal Question in Elder Law in Massachusetts

Protecting the Assets

Both my living parents never did any estate planning and own a home which is in both their names. I am an only child. My father has been diagnosed with lung cancer and has dementia and my mother has been in and out of the hospital/rehab for several months and recently has become incompetent due to medication, treatments, etc. If I pursue guardianship for both parents, is the house protected should they go into a nursing home?


Asked on 9/02/08, 1:19 pm

1 Answer from Attorneys

Re: Protecting the Assets

The short answer is probably not. Unless you reside at the home, you may be able to continue to live there. Medicaid will place a lien on the home. The amount of the lien will increase as Medicaid continues to pay for their care. If they had long term care policies or have coverage from another source, then you may not have a medicaid issue. However, once medicaid starts to pay for their care, they will have a lien placed against the home. If you sell the home before they both are deceased, then all the proceeds left after paying the liens will have to be used to care for the surviving person or persons.

I would suggest you contact an attorney with elder care experience to see what if anything can be done to limit claims against the home.

good luck

Read more
Answered on 9/02/08, 2:30 pm


Related Questions & Answers

More Elder Law questions and answers in Massachusetts