Legal Question in Elder Law in New Jersey

Keeping parents house in family if they go into a nursing home

My parents are 87 & 85. They are ready for the nursing home. I have been living in their home caring for them for the past three years. Must we sell their home for the nursing home fees?? Can I put the house in my name. Do I have to wait the three year waiting period? I was told that waiting period is not longer a law. They have no assets other than their home. Cash in bank only $l5,000.00. They live on social security totaling $l,800 per month for them both. There was no mortgage on the house. We just got a home equity loan and I am in the process of updating the house (bathrooms, etc.) so my parents could get around easily. However, in the past couple of weeks my father has fallen several times and I can see he is very weak. I don't know how much longer I can keep him home. My mother has dementia. I know when he goes into the nursing home, she will have to go with him. Please advise me what my options are. I work and make a good salary so if I have to get a mortgage to buy the home I will try to do that.


Asked on 8/17/04, 3:47 pm

1 Answer from Attorneys
John Ducey Law Offices of John G. Ducey, PC

Re: Keeping parents house in family if they go into a nursing home

Unfortunately whoever gave you the advice of the three year no longer being the law is wrong. I can help you with getting a guardianship over your parents so that the move to the nursing home can go smoother (if necessary) I also can work with you in trying to do some Medicaid planning at this late stage , if it possible we may be able to put the house in a trust. Call if you wish to discuss this matter further. I have a trial Wednesday morning but I will be back in my office after 2:00pm. 732-286-2170.

John Ducey

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Answered on 8/17/04, 9:59 pm


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