Legal Question in Elder Law in New York

Turning real property over to Medicaid

What is the excact procedure for turning over a home to Medicaid? My aunt is a widow and in a nursing home and we are running out of money quickly.

Also, there is a non-relative living in the house who is refusing to leave, and not paying rent although she used to (no lease).


Asked on 10/03/05, 6:13 pm

1 Answer from Attorneys

John O'Donnell Attorney at Law

Re: Turning real property over to Medicaid

Medicaid will not take the house, but your aunt will likely not be eligible for Medicaid because she owns it.

However, there may be some options, particularly if your aunt executed a valid Power of Attorney. For example, she may be able to sell the house to pay for the nursing home.

Your aunt may be able to mortgage the house to pay for the nursing home. The house can be rented to pay the mortgage. Needless to say, the tenant can be evicted under any circumstances.

I would recommend that you work with an attorney to develop a viable plan.

If you need assistance with this, or any other legal matter, please feel free to contact me at (212) 971-1384.

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Answered on 10/04/05, 11:02 am


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