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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33101
Experience:  16 yrs. of experience including family law.
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My step daughter, age 54, is mentally impaired, on S.S., and

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My step daughter, age 54, is mentally impaired, on S.S., and no longer able to care for herself. Her mother's health is bad, and 2 sons don't have space to keep her. She has a lower quality house, paid for,but can no longer live alone and take her medicine. She is under permanent psychiatric care. What is involved with getting her into a nursing home? Can she sell her house, or give it away? What then? Will the home accept her SS check as payment? Will her house be taken away, or what? It is an unbearable burden at this point. Please help.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma. What you are describing, if she owns a home, she should NOT give it away. If she does, that would make her ineligible for MEDICAID for 5 years.
MEDICAID is a federal program, administered by the states, to provide care for low income individuals. It would pay the costs of her nursing care. But if she gives away this asset? She will not be eligible for care.
Perhaps the best way to proceed is to sell the home and use the proceed to pay for nursing care...when she exhausts that money, she would then be eligible for MEDICAID
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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