Elder Law Answers
Will My Mother's House Have to Be Sold If She Goes on Medicaid?
My sister lives with my mom, who has reached the stage where she needs to be in a full-time care facility. My mom owns the...
Read moreWill My Niece Will Be Without Financial Support?
- September 23rd, 2024
Q
My sister is 64 years old and is going to a nursing home because she has dementia. She receives Medicaid for health insurance, and she gets Social Security. She has a 20-year-old daughter living with her at her home. Will the nursing home take the whole Social Security check and leave her daughter homeless?
A
There are income allowances for the support of family members in certain situations, such as a low-income spouse. Pursuant to 42 USC § 1396r–5(d)(1)(C), these rules can be extended to certain “family members” who include “dependent” children. While this term is not defined in the statute, it sounds like your niece would qualify. This is may be an issue your local Medicaid office has not run across since few nursing home residents have such young children, but you should bring the federal statute to their attention and find the corresponding state regulation.
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.