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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption