Your shared home is probably not protected from a parent’s application for Medicaid in another state. Each state has its unique requirements. Medicaid will likely want you to put your house on the market for your parent to qualify.
Medicaid Rules in Your Resident State
If your loved one were in a nursing home in your shared resident state, the answer would be different. Then you could preserve the house while they receive Medicaid benefits. But the Medicaid agency would have a claim against the house upon your parent’s death to recover the costs of care paid by public benefits.
Possible Exceptions
If you lived in the house together and provided full-time care for your parent for more than two years, your loved one may be able to transfer the home to you under a “caretaker child” exception to the usual restrictions on transferring assets. Again, it depends on your state laws.
Get Local Professional Advice
Because we can only describe the general Medicaid rules which can differ from state to state, we recommend that you consult with an elder law attorney familiar with both states to see what might be done to protect a house in your current situation.
Find an elder law attorney near you to help you navigate the Medicaid process.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
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