Richfield, OH asked in Elder Law, Real Estate Law and Public Benefits for Ohio

Q: House & mortgage in both names. Does dad need POA to put house in his name only since she is in nursing home with Alz?

Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If she is not mentally competent, then it is too late for her to execute a POA to anyone. POAs, wills, and other estate planning documents should be executed before the need arises. He should use the Find a Lawyer tab to retain a local estate planning attorney to review the situation and advise him of other options.

Mary Ellen Leslie and Bruce Martin Broyles agree with this answer

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their finances to become Medicaid eligible.

Once Medicaid begins payment, a lien upon the real property will spring into being, and the Medicaid Recovery Unit will be involved in any transfer. The lien must be paid from the proceeds. Ohio Medicaid recovery will not force the house to be sold in order to satisfy the lien, but any transfer will be subject to the lien.

Medicaid Recovery has skilled, knowledgeable and caring attorneys involved and so they will offer significant compromises given the circumstances of the specific case.

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