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Message
Looking for some legal advice about my moms property and medicaid
Posted on 2/5/14 at 6:38 pm
Posted on 2/5/14 at 6:38 pm
My mom had a stroke in October 2012 and since then has been in a nursing home and will live out there as a long term resident. She has dementia as told by the doctor. She remembers everything from her past and all the people in it, she is just slower in the mind as a result. She understand actions when she does them. As of 2008 me and my mom have an equal share in a house that she was living in. She has no will that I know of. How should I go about getting a will for the property to go to me after death. Also I hear stories of medicaid trying to recover cost of the nursing home, what kind of legal action do they have to the house? Its worth around 70k
5
Posted on 2/5/14 at 6:56 pm to LSUFAN2005
Speak with an attorney
Posted on 2/5/14 at 7:14 pm to TheOcean
Hoping I could find one on here who could point me in the direction I need to go.
Posted on 2/5/14 at 7:27 pm to LSUFAN2005
quote:
How should I go about getting a will for the property to go to me after death.
If she is no longer competent, she cannot execute a will now. That is the defining question. You need competent legal advice.
quote:
Also I hear stories of medicaid trying to recover cost of the nursing home, what kind of legal action do they have to the house? Its worth around 70k
There are all sorts of issues with this - you may be able to dodge a good bit of this, but consult an elder law expert to make sure of the correct technique before you do anything. Again, competent legal advice is going to repay you 10 fold (or more).
Posted on 2/5/14 at 7:42 pm to Ace Midnight
I am not too familiar with this but check to see if Louisiana allows for what is called a 'Ladybird' deed or 'Enhanced Life Estate Deed'.
This may help protect assets when the Fed gov performs the 'look back' period(which I believe is 5 years) when a property owner is deceased.
I would do this ASAP, call the parish court house about this in the morning and be in contact with a good estate lawyer el pronto.
Google is your friend.
Good luck and let us know.
This may help protect assets when the Fed gov performs the 'look back' period(which I believe is 5 years) when a property owner is deceased.
I would do this ASAP, call the parish court house about this in the morning and be in contact with a good estate lawyer el pronto.
Google is your friend.
Good luck and let us know.
Posted on 2/5/14 at 7:53 pm to LSUFAN2005
quote:
LSUFAN2005
Where are you located? I know a few BR attorneys who do this stuff.
Posted on 2/6/14 at 9:07 am to LSUFAN2005
quote:
Also I hear stories of medicaid trying to recover cost of the nursing home, what kind of legal action do they have to the house? Its worth around 70k
You need to find an attorney who is familiar with elder care rules AND SOON. Medicaid rules vary from state to state. If you do not have a power of attorney you are going to have to get the courts to appoint you (or someone) guardian or you are not going to be able to take care of any her business that requires it.
Posted on 2/6/14 at 11:00 am to LSUFAN2005
Agree with the lawyer advice. Also realize that medical/healthcare power of attorney is different from a legal power of attorney. And these don't kick in until the patient is deemed incompetent of making her own decisions (which is documentation from her attending physician).
From a medical perspective, make sure that your mom's wishes are spelled out. People sometimes have advanced directives (no prolongation of life with a ventilator, etc.) but are still full codes (meaning they will still do shocks/chest compressions/CPR to try to bring her back if her heart stops). If she wanted to be a DNR (Do Not Resuscitate, meaning they won't call a code if her heart stops or stops breathing), make sure you get the DNR on the chart. I think some people confuse having advanced directives with a DNR (although that can be part of the advanced directives).
Good luck with everything!
From a medical perspective, make sure that your mom's wishes are spelled out. People sometimes have advanced directives (no prolongation of life with a ventilator, etc.) but are still full codes (meaning they will still do shocks/chest compressions/CPR to try to bring her back if her heart stops). If she wanted to be a DNR (Do Not Resuscitate, meaning they won't call a code if her heart stops or stops breathing), make sure you get the DNR on the chart. I think some people confuse having advanced directives with a DNR (although that can be part of the advanced directives).
Good luck with everything!
Posted on 2/6/14 at 8:24 pm to rmc
I'm in Shreveport. What kind of lawyer should I talk to about this matter?
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