Legal Question in Elder Law in Ohio

Preparing to put one or more of my parents-in-law into nursing homes..

We are investigating putting one or more of my

Parents-in-Law (age 86 & 87) into a nursing

home- they live in North Canton, Ohio, own their

home, have no income outside of SS. I need a

short course (I'm a quick study) on the in's & out's

of what needs to be done regarding what we

should be doing with their assets. They have

made no other plans for this. What does the law

state about spending-down/dividing up assets,

what are our options here, etc. Unfortunately, this

may happen within weeks, so I realize our options

are limited here. If this was your problem, what

would you do at this point?


Asked on 9/21/00, 9:18 am

1 Answer from Attorneys

Rick Sommer Law Offices of Rick J. Sommer

Re: Preparing to put one or more of my parents-in-law into nursing homes..

If your in-laws have no other source of income other than SS, I suspect they would need to apply for Medicaid as soon as they enter the nursing home. Nursing home care is a major expense. If both go into the nursing facility, the house will have to be put on the market to create funds to contribute to financing their stay in the facility. If only one goes into the nursing home, the community-based spouse may keep, and live in the home. I would suggest that you/or them do not divest/distribute any money, property or other assests until you speak with your local county Medicaid office about the application process. Even if your in-laws have the money to pay privately at the nursing home for a time, if they/you divest their assests, the Medicaid program my deny them participation when the time comes to apply for assistance (Medicaid "looks back" several years to discover improper divesting of funds that could have been used to pay for the nursing home care.)

My suggestion is to worry first about finding the best quality nursing home you can for your in-laws. You may wish to check with your local Council on Aging, or similar group for suggestions. First looks can be deceiving, do the homework needed.

Good luck.

Disclaimer: This message is for information only and is not legal advice. No attorney client relationship exists unless a retainer agreement has been signed.

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Answered on 10/20/00, 10:42 am


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