Pittsburgh, PA asked in Elder Law for Pennsylvania

Q: My grandma was diagnosed with dementia can she sign her house and property over to mr so that state doesn't take it.

I was told if she was put in a home that the state would take the property and whatever is in her bank account. It is in her will that the house and the property goes to me and my brother l, but if her Dr. Says she needs to be put in a home, I was told the state will take the property. So I wanted to know if she transferred the property into my name now if even possible to keep it from goes to the state.

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1 Lawyer Answer
John Rafferty
John Rafferty
PREMIUM
Answered
  • West Chester, PA
  • Licensed in Pennsylvania

A: If she was diagnosed with dementia, then although she will logistically be able to sign title over, the conveyance will be subject to reversal, on the theory that she lacked cognitive capacity at the time of the conveyance, to convey title. For that reason, it's important you look at any relevant POAs or trusts with an attorney, who could offer you advice about the best manner to convey the property.

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