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My sister wants to go to a nursing home because she doesn't feel her family can care for her at home. Her children are saying they will not send her to a nursing home because she transferred assets in the past five years and they don't want the state to come back on the estate and take those assets. Can they deny my sister the right to go to a nursing home? If no but they try to block her what can we do?
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Many people get themselves stuck in this situation, my mom gave my one brother the house, she can't go on Medicaid for another, probably 2 years, might be less, because I'm not sure exactly when mom transfered younger brothers name on the house.

Me and my other brother are doing all the caregiving, while my younger brother who has the house is living his life, and vacationing . I'm just doing barminum, my older brother is also.

No mom is not getting the care she should be getting, and it sucks, but this is the situation mom and young brother created.

People really need to be more careful of this, it stinks!!! But there is nothing you or your sister can do, at this point, that I know of.
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Reply to Anxietynacy
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Why doesn’t your sister “feel her family can care for her at home”. Is she at home now, and is she saying that the care she is currently getting isn’t adequate? Or is this about her future needs? If it’s about future plans, she can’t go to a nursing home unless she needs nursing care. What is stopping her doing what she wants herself? And what does she expect you to do about all this?
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Reply to MargaretMcKen
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What amazingly selfish children your sister has, that in her time of need, they first consider their own potential money gain. Her doctor should be able to admit her to an appropriate place. Her assets will pay for her care, Medicaid help will likely be denied until the gifting is accounted for, but her care needs come first. I hope she doesn’t listen to her children another day
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Reply to Daughterof1930
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Who is POA for your Sister?
You describe your sister as a "patient". Where, currently is she a patient?
Does she live in her own home, or currently with these children that you say do not want her to move into care?.
What is her illness? Or is she currently a patient in a hospital or rehab?
Is your sister competent and without dementia?

Did your sister willingly transfer these assets as gifts?
Were these assets monetary as in MONEY? If so, how MUCH money did she gift her faimily and when did she do so?

Does your sister have other assets that can fund her care?
All of these are very important questions.

If you sister is well, and able, and competent then she has a right to an Elder Law Attorney to visit her in her home, or for her to visit him in office. And of course any person who is competent in their own right cannot be held PRISONER by the family simply because she gifted them money. HOWEVER, she will not gualify for government help in payment of her care if she has gifted others money in the lookback years (5 years all state other than California which is 2 1/2 years).
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Reply to AlvaDeer
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Your sister will likely be denied for Medicaid due to the transfer or gifting of assets during the past 5 years. There is a penalty period she'll have to wait, that's all. The state doesn't come in and "take" anyone's assets, they just deny benefits for a period of time.

Your nieces and nephews should keep their mothers best interests in mind instead of their inheritances!!
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Reply to lealonnie1
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