Q: what would happen to my mothers home if the state is issued guardianship
I live with my mother in her home in Texas. She has dementia and its getting to the point I can't care for her. She has not appointed anyone power of attorney. I was wondering what would happen to her home if state rules she needs to be placed in nursing home if they become her guardian. Her home is mortgaged.
A: You should consult with an Elder Law/Estate Planning attorney. This is for Family Law questions.
1 user found this answer helpful
A: The Department of Health and Human Services almost never becomes the guardian. If there is no family member ready, willing and able to serve, a local nonprofit is often appointed. If that nonprofit must submit the Medicaid application, it can choose whether or not to check the box stating that your mother has an intent to return to her home. If it checks that box, Texas Medicaid will not seek recovery during your lifetime. Remember: none of us every paid into Medicaid. It is a loan from our fellow taxpayers.
A: If you moved into her mother's home to take care of her and thereby delayed her entry into a nursing home, Medicaid might not seek to recover from your mother's home on her death. I
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.
