Elder Law Answers
Can Mom Sell Her Home and Buy a New One Without Affecting Dad's Medicaid?
My father has been in a nursing home since April. His Medicaid application was approved and Medicaid is paying for his sta...
Read moreCan Mom Take Out Loan Without Affecting Dad's Medicaid?
- May 6th, 2024
Q
My dad is in a nursing home and qualified for Medicaid nearly three years ago. My mom still lives in their home in Pennsylvania. The deed was transferred into her name alone during Medicaid’s “spend down” period. She was planning to take out a home equity loan, but she has been told it might jeopardize my dad’s Medicaid eligibility. Is this true?
A
It should not. The state Medicaid agency should not look at your mother’s assets after the spend down has occurred. But this is a general rule, so we recommend consulting with a Pennsylvania elder law attorney to make certain there is no local trap for the unwary. Also, if she hasn’t done so already, your mother should make sure to update her estate plan so the house doesn’t pass back to your father if she were to die before him. To find an elder law attorney in Pennsylvania, click here.