Legal Question in Elder Law in New Jersey

Re: ''medicaid''

I think you may be confusing Medicaid with Medicare. They are separate and distinct programs.

Medicare is form of health insurance and is part of one's Social Security benefits based upon their contributions into the system during their working years. Persons receiving Medicare do not have to repay the government for any benefits they receive and they can do whatever they want to do with their assets. The only restiction imposed by Social Security is upon earned income which can reduce the amount of one's monthly check.

Medicaid is a needs based medical/health care provider for people without insurance or sufficient assets to pay for private care. Generally, but with a few exceptions, Medicaid asserts a lien or seeks repayment only for institutional care and even then usually after a person dies. If your father IS in fact receiving Medicaid to cover, say, nursing home care, and sells his home, he will be disqualified from receiving further Medicaid benefits, to the extent the sale proceeds exceed allowable limits, until he has paid, out of his own pocket, the equivalent of what Medicaid would have paid or 3 years pass.

The explanation I have provided here is oversimplified and doesn't begin to cover all of the factors that come into play in this very complex area of the law. Your father should consult with an attorney experienced in Elder Law issues and perhaps a financial planner too.