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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111683
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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MY FATHER-IN-LAW HOUSE A REVOCABLE TRUST AND HAS M HOME AID

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MY FATHER-IN-LAW HOUSE A REVOCABLE TRUST AND HAS HIM HOME AID FOR. MY SISTER-IN-LAW OBTAINED A POWER OF ATTY IN 2014 AFTER HE HAD BEEN DIAGNOSED SINCE 2012 WITH DIMENTIA AND DID NOT DISCLOSE TO ATTY IN FACT DENIED ANY ILLNESS. SHE THEN WENT AND HAD HIM SIGN OFF HIS ACCT. SHE THEN CLEANED OUT HIS RETIREMENT ACCT AND PILFERED APPR. 1200 A MONTH FROM HIS SSC AND PENSION TIL WE DISCOVERED LATE 2015. HE NEEDS TO BE IN A NURSING HOME AFTER A STROKE HE SUFFERED IN APRIL BUT THEY WANT HIM TO BE SELF PAY OF WHICH SHE TOOK NEARLY 200000 AND ALL WE HAVE IS 1900 A MONTH. WE ARE SUING HER FOR THE MONEY OF WHICH WE KNOW WE WON;T COLLECT BUT HE HAS A HOUSE THAT IS PAID FOR. WE ARE TRYING TO GET HIM ON MADICAID TO GET HIM IN BUT IT TAKES TIME WHICH WE DON'T HAVE. THE QUESTION IS WITH THE HOUSE BEING IN A TRUST IS THE HOUSE SHIELDED IN ANY WAY FROM MEDICAID COMING AFTER? AND IS THERE ANYTHING WE CAN DO TO USE THE HOUSE AS AN ASSET OR GET A LOAN AGAINST TO INITIATE THE SELF PAY TIL MEDICAID GETS APPROVED? WE HAVE WENT TO COURT AND HAVE GUARDIANSHIP FROM HER AND MY WIFE HAS A POWER OF ATTY SINCE 1998.
Submitted: 5 months ago.
Category: Estate Law
Expert:  TJ, Esq. replied 5 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry, it appears your previous contributor had to leave and I am a DIFFERENT CONTRIBUTOR.
A "revocable" trust does not shield a home from medicaid. Only an "irrevocable trust" would protect the home from medicaid. The residence is exempted from the calculations for medicaid qualification as a primary residence. However, medicaid will lien the home and will seek to force payment or sale upon his death.
You can use the house for a reverse mortgage if you can get him to qualify. If not you would need to seek some alternative such as selling the home off to use for payments.

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