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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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My friend has a father that is 77 and very ill and is not of

Customer Question

My friend has a father that is 77 and very ill and is not of sound mind. She does have "Power of Attornay". Her father has a home and serveral acres that she would to ensure that it stays in the family and is scared that is he goes into a nursing home that they might lose it. Should she get the land put in her name?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Pro replied 8 years ago.

She can attempt to transfer the house into her name pursuant to the POA. However, Georgia, like all states is required to pursue a person's assets before they will pay for a person's skilled care nursing home costs. Medicaid has a 5 year look-back period on the transfer of assets which were done for less than fair market value. Therefore, before Medicaid will pay any nursing home care costs - the family will have to pay the fair market value of the assets towards his nursing home care costs before they will start paying such.


A "will" is not a POA - is she sure she does have a POA?



Customer: replied 8 years ago.

She does have POA, she got that done about 3 weeks ago. Instead of "Trasfer" of assets, can he sell the property to her?

Expert:  Law Pro replied 8 years ago.

Yes, certainly - but the transfer of assets for less than fair market value would still apply.

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Customer: replied 8 years ago.

Thanks for the help.


Expert:  Law Pro replied 8 years ago.
It's a tough situation - the 5 year look-back. At the very least she could attempt to transfer the property and see what happens. However, be forewarned they do title searches etc. to find assets to be available to pay for the nursing home costs.