Can I Keep My House and be on Medicaid?

Bloomfield, CT September 4, 2004 -- Home ownership is the cornerstone of middle class financial security and, in most families, the home is the most valuable asset. Most older adults who own their homes consider the house more than just a financial asset. It's where they raised their children, and where memories live. Many want to leave the home to their kids.

Seniors worry: if I should need long-term care and end up on Medicaid, would my home be sold by the state, forcing my spouse to move? Would I no longer be able to leave the house to the kids?

Older adults can take solace that the Medicaid program considers homes special, too. In most cases, single seniors are not forced to sell their homes to access Medicaid. And when one spouse is in a nursing home the other spouse is almost never forced to move from the house to qualify for Medicaid benefits.

However, seniors on Medicaid who want to leave their home to their kids may not be able to. That's because the federal government forces states to try to recover what was paid on care after the death of someone who received Medicaid benefits. In most states, recovery happens through a lien against the home. There are exceptions to the lien, protecting surviving spouses and some other individuals.

The spouse of someone on Medicaid never has to worry that his or her house will be sold out from under them. The spouse generally won't lose the house. But the spouse may not be free do what she wants with the house or to leave it to the children. An elder law attorney can explain legal techniques that will allow older adults to leave their homes to their kids -- no matter what.

Henry C Weatherby of Weatherby & Associates, PC, in Bloomfield, CT, is an elder law and estate planning attorney, dedicated to helping clients maximize resources for themselves and their families. Visit Weatherby-associates.com.




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