Legal Question in Elder Law in Washington
Can they take my home
My husband is retiring in May and I will retire this year also. We can not afford any of the medical insurances out there, not even Cobra or Major Medical. If we don't carry medical insurance and either of us go to hospital can they take our condo which is paid for?
2 Answers from Attorneys
Re: Can they take my home
Assuming you qualify for medicaid and something catastrophic happens, medicaid would pay for your care and then place a lien on your home. Upon the death of the surviving spouse medicaid would then collect on the lien -- but not before the surviving spouse has passed away. So you're okay in that regards. There may be ways to avoid that lien upon the death of the first spouse but you should speak with an attorney to learn more. You can also access good information via the web at NW Justice Project's web site (I don't know the exact address) and look in the elder law materials.
Re: Can they take my home
Are you old enough to qualify for medicare? If so, that should take care of most of your worries. There is a plan called Secure Horizons which I understand requires no additional co pay to use, which will pay for many of the miscellaneous medical expenses Medicare doesn't pay for.
You can't not have medical insurance so long as you are old enough to qualify.
If you are younger and are having income issues, you could look into Washington's Basic Health program, which may be completely defunct by now or there may be coverage available on a sliding scale.
They cannot "take your condo" if you have to be hospitalized. There is a whole bunch of procedures between your medical disaster and being homeless.
There is the protection of the bankruptcy court; WA has an exemption for one's "homestead" and being married allows you to double it.
You could sell your condo and move into some form of assisted living.
There is subsidized housing for seniors.
In short, there are all sorts of options available to you rather than the catastrophic future you are envisioning.
You might want to discuss your plans with a financial adviser or planner, if that would make you feel better. Hope this helps - Elizabeth Powell
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