Denver, CO asked in Estate Planning and Elder Law for Colorado

Q: I am caring for my 88 yr old mother. If she enters extended care can the state sell her home to pay costs?

I own a home also but want to sell it so we have more money for expenses but don't want to find i don't have a place to live if we must sell this house to pay for costs. I am power of attorney and on the deed.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: This is a far more complicated question than it might appear at first. Please appreciate the government can't just come and take someone's home. Unless of course you EXPECT the government to give you money. If you can pay for your own care, this never becomes an issue. That said, a personal residence is often an 'exempt asset' for qualification for government benefits, and won't be counted against asset limits, but IT CAN BE LIENED to guarantee repayment of government benefits regardless. YOUR assets can't be liened for someone else's debts.

Seek out a local licensed elder law attorney to help you understand hour YOUR situation fits into the general rules, and don't assume anything 'joe at the coffee shop', your buddies at work, or 'aunt edna's second cousin three times removed' tells you about how this all works. Get local professional advice!

This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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