What do elder law attorneys do?
sestud69 asked:
I am a 40yo male who has been living and taking care of my 82 year old frail mother for the last 18 years since my dad died. Recently, my mother had to go to a rehab center because she is out of shape. But what worries me is that she may end up in a nursing home. The state I live in and medicaid would take her assets unless I prove to them that I have been living with my mother and taking care of her for the last 2 years. But should I contact an Elder Law Attorney just to be safe. Again, what steps would an attorney do to protect my mother’s home/assets from medicaid? I don’t want to end out on the streets.
I am a 40yo male who has been living and taking care of my 82 year old frail mother for the last 18 years since my dad died. Recently, my mother had to go to a rehab center because she is out of shape. But what worries me is that she may end up in a nursing home. The state I live in and medicaid would take her assets unless I prove to them that I have been living with my mother and taking care of her for the last 2 years. But should I contact an Elder Law Attorney just to be safe. Again, what steps would an attorney do to protect my mother’s home/assets from medicaid? I don’t want to end out on the streets.
Thanks!
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December 28th, 2010 at 12:49 am
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My regular attorney counseled us about this sort of thing. This is what an elder attorney does but you’ve got some big time restraints and they may be expensive. Anything that you do to lessen the chance of having the house taken will be looked at carefully, so do get some legal advice.
But, you say you have been living and taking care of her for 18 years. If so, what is the problem about proving this? You should have some records of that address - tax papers, mail, utility bills.
See a good attorney. Visit your mom every day and encourage her and see if you can help with the rehabilitation. That will make a tremendous difference in whether she gets to go home or not. If you are there, it is much more likely she’d be sent home rather than to a nursing home. The rehab people will train you to do anything necessary but you have to ask them.