Legal Question in Health Care Law in Virginia
My elderly mother and stepfather are both in fragile health. The house is in her maiden name, paid for by her only. They have separate banking accounts. If one were to go into nursing home, would the assets of the other be taken to provide care?
1 Answer from Attorneys
If your stepfather were to go to a nursing home, your mother's house would
probably be safe from state Medicaid collectors; the same, however,
may not necessarily be the case in regard to this house if your mother were to go into a nursing home.
Other property such as bank accounts separately held and owned by one are unlikely to be affected by the nursing home status of the other.
You should arrange for a consultation with an eldercare law attorney for a
more definitive assessment of the situation of each with respect to your
concerns (in my opinion).
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