Protecting home from nursing homes taking it as payment for services.

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Protecting home from nursing homes taking it as payment for services.

My 91 year old mother and I own a home as “Joint Tenants with Rights of Survivorship” If she had to eventually go into a nursing home can they take the house if we transfer it into my name only? Does it have to be in my name for a certain period of time? Thanks You

Asked on June 26, 2009 under Real Estate Law, Arizona

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and pratice in this area of the law.  Under Title 19, there is a 5 year look back period whereby the state looks back 5 years from the time your grandma goes under state care and will not provide care for the amount of money that she had during that 5 year period.  I recently dealt with this issue with a client.  You have problem as this will certainly affect your grandma's ability to get on Title 19.  I suggest that you have your grandma convery the house to you so the clock  starts to run.  Then you can file the Title 19 Application.  Make sure you see a lawyer to help you with this that specializes in elder care law.


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