If my dad has Alzheimers and needs to be put in a facility but ast year he transferred his condo to me, how do I protect it from being taken by the state?

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If my dad has Alzheimers and needs to be put in a facility but ast year he transferred his condo to me, how do I protect it from being taken by the state?

I can’t afford a nursing home and he doesn’t qualify for Medicaid.

Asked on April 14, 2013 under Estate Planning, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Frankly, I don't think that you can. For Medicaid purposes and nursing home care, there is a 5 year look back period. This means that any assets transfered out of the name of a person seeking Medicaid must be given back or else that person will be disqualifed from receiving Medicaid for a certain time period based on the amount of the gift.

Without more specific details it's hard to say for sure however. Right now you should consult with an elder law attorney in your area.


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