In today’s post we’re sharing one more sample of questions clients often ask.
Dear Curtin Law Office,
My neighbor told me that if my husband goes into a nursing home, the nursing home is going to take all our assets and put a lien on our house if we don’t transfer them outside of the 5 year look back. Is this true?
Sincerely,
Scared Client
Dear Scared Client,
No, this is not true. The community/healthy spouse remains in control of the assets, the nursing home does not take control of them.
Under the Medicaid rules, the five year look back does apply to all transfers, but there are exceptions to the rule.
For example, there are no penalties for transferring assets between spouses, even when one of the spouses is in a nursing home. Also, know that the home is always protected for the community/healthy spouse and that the State cannot put a lien on the house if there is a spouse living there.
Nursing home rules relating to protection and Medicaid can be complicated to navigate. To ensure that you are receiving the right information, it is important to talk to an elder law attorney to guide you. Please let us know if you would like to discuss further.