Can a lawsuit initiated by a nursing home force elderly parents to lose their residence?

Rehab services were provided for father but both parents were sued. He has a brain tumor and does not remember signing an contract. It was never provided until lawsuit filed. Complaint cites mother responsible (equitable duty) for debt per state law and federal/state Medicaid requirements. Complaint also states my mother holds assets in a constructive trust that can satisfy plaintiff’s claim ($11,675). Plaintiff tried to force my mother to apply for Medicaid. We are urgently seeking to reach a settlement and provide the proper response to court and plaintiff. Parents are on a fixed income and have no other assets besides their home.

Asked on June 26, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With respect to the lawsuit that you have written about brought against your parents by the nursing home for unpaid services, there is a possibility that if there is a judgment against your parents in favor of the nursing facility, an abstract of it can be recorded on their home.

However, under your state's homestead exemption, the nursing care facility may not be able to have the home of your parents sold while they are alive. I suggest that you consult with an attorney that practices in the area of elder care law.


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