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Can a Nursing Home Take Your House?

Aug 14, 2024

Long-term planning is essential for aging people. If you’re considering a nursing home for later in life, you also need to think about what can happen to your family residence. 

Nursing home expenses vary widely based on a person’s healthcare needs, location, and income. With such significant expenses, you may be wondering how you can afford assisted living and your family home. 

Can a nursing home take your house? The good news is that there are multiple ways to cover your expenses and protect your assets. Let’s explore more.

Can a Nursing Home Take Your House? The Answers

Nursing homes do not have the authority to take homes outright. However, there are specific situations and legal circumstances that make it possible for them to make claims on property. 

Medicaid Complications

  • Medicaid Estate Recovery Program. The Medicaid Estate Recovery Program typically targets the estates of deceased Medicaid recipients to regain the expenses accrued during their care. A house is an asset that can be subject to recovery, especially if the person received Medicaid benefits for nursing home care.
  • Medicaid Eligibility Requirements. Individuals must meet Medicaid eligibility requirements without putting assets, such as a home, at risk. If you do not disclose assets or comply with Medicaid requirements, it may result in a denial of benefits and possible recovery of the home.

Outstanding Nursing Home Bills

Unpaid bills can cause nursing homes to pursue legal action. If an individual has significant debt, the center may try to cover expenses by claiming the person’s property. Early planning and awareness can help you avoid outstanding debt and protect your family home. 

How to Protect Your Home From Being Taken

Seriously, though: can a nursing home take your house? While a nursing home can take your house, it’s preventable when you have the right protection in place and it is done well in advance. 

Asset Protection Trusts

An irrevocable trust can be a strategic step in protecting your assets. Trusts allow individuals to transfer property ownership, providing sufficient protection against Medicaid claims and nursing home expenses. Attorneys understand the inflexible nature of irrevocable trusts and how to implement them effectively. 

Estate Planning

Estate planning protects your assets and helps you decide what happens to them when you pass. A lack of estate planning, including wills, trusts, and other protective tools, can put assets, including your home, in jeopardy of potential claims.

Legal Protection 

Can a nursing home take your house? With legal safeguards, such as durable power of attorney or advanced healthcare directives, you can protect yourself from losing your home. An attorney can help you make the best choices for your estate and long-term planning needs.

Safeguard Your Assets With Auld Brothers Law

At Auld Brothers Law, we understand what your assets, including your home, mean to you. If you’re concerned about the Commonwealth of Pennsylvania or a nursing home taking your house, we can help you make important decisions and find peace of mind for your future needs. 

Long-term care planning is a process that takes time and consideration. Together, we can create a plan to protect your assets from estate recovery claims. When you work with Auld Brothers Law, our goal is to discuss your options and find a way to safeguard your assets during your lifetime and at the time of your passing. 
Can a nursing home take your house? Get in touch today to discuss your options for protecting your assets.