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How Can My Mother Avoid Losing Her House to the Nursing Home?

Attorney Thomas B. Burton answers a reader question about how their mother can avoid losing her house to the nursing home.

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Transcript of Video: How Can My Mother Avoid Losing Her House to the Nursing Home?

Today's question is the following how to

avoid losing a house to the nursing home

so my mom's significant other won't

become homeless in Wisconsin mom's

health is starting to decline and may

need more assistance with care so this

is a very good question a very common

worry among many seniors in Wisconsin

first it depends on your situation if

your mom is married to the person in

question we call the spouse in this

situation the community spouse and we

would call your mother if she's the one

going into the nursing home the

institutionalized spouse now the

community spouse is allowed to stay in

the home while the institutionalized

spouse goes in the nursing home and

receives Medicaid benefits so if you're

talking about qualifying for Medicaid if

they're legally married one can remain

in the home and that won't prevent your

mother from qualifying for Medicaid

however after your mother's death the

state of Wisconsin may seek repayment

from the home that they I assume your

mom's husband was living in now if they

aren't married these rules won't apply

where he's considered the community

spouse then your mom would be treated as

a single individual and in general a

single individual is only allowed to

have their home and up to $2,000 in

liquid assets to qualify for Medicaid

now if your mom goes in the nursing home

after a while if she's determined unable

to return home then she's probably going

to have to sell the house so if you're

single the facts get tricky here so

consult with a qualified elder law

attorney in your area but if you're

single the house gets trickier if she's

married the community spouse can remain

in the house there are other methods for

protecting your assets

she's using an irrevocable trust but be

aware for that you need five year

look-back period meaning you'd need five

years until your mom would need to

qualify for Medicaid in order to do

any of that sort of planning so again I

suggest you consult with a qualified

estate planning and elder law attorney in

your area and give them all the specific

facts here so they can give you the best

advice in this situation when you

mention your mom's significant other it

sounds like they're not married so some

of these laws that apply to married couples

probably aren't going to protect them

and that's where a qualified attorney

can help look through the facts and see

if there's any other options in this

situation so I'm sorry to hear your

mom's going through this but great

question and thank you for asking!

© 2020 Burton Law LLC. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

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