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.

Related Topics:
1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • 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

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.