How can we protect a senior citizen from have their property seized by the state if they are sent to a nursing home by the DCF.

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How can we protect a senior citizen from have their property seized by the state if they are sent to a nursing home by the DCF.

My 83 year-old neighbor recntly had to go the the hospital and now may be sent to a nursing home by DCF. How can we protect her property if she is sent to the nursing home? She has no living family so there is no one else to help her. We discussed adding my name to the deed. Is this a good idea or is there a better way to keep the state from taking her property?

Asked on November 21, 2010 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are very kind to want to help her. But adding your name to the deed may not be the best idea.  The transfer could be set aside if done too close in time to her being admitted. Why is she being sent to the nursing home?  Does she need home help and because she has no family they have opted to send her there?  Or does she need rehabilitation?  Although getting an elder care attorney is a good idea here to protect her assets, there may be other agencies that can help.  Seek help from any agency that gives advice on seniors. Someone may need to help be a guardian or at least a coordinator of services for her so that she can stay in her home given the reason she is being sent to the nursing home to begin with.  Good luck.


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