Brooklyn, NY asked in Elder Law for New York

Q: My grandmother is in a nursing home and has a house she is the owner & her other granddaughter decided to rent her house

My grandmothers social security and the department of family pays for her nursing home. The granddaughter decided to rent out my grandmothers house without her consent. The people that are staying in the house said they have a contract with my grandmother through the granddaughter. However, my grandmother can’t write any documents due to her hands don’t work properly. So the other granddaughter is collecting the rent in that house. How do I go about this?

I’m the granddaughter from my dads side.

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1 Lawyer Answer
Benjamin Z. Katz
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  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: If there is a Power of Attorney, the agent named may be granted power to rent and collect rents. If your grandmother is having her nursing home stay paid for by Medicaid, income generated from rents from her home may be due to Medicaid. UsIng it as a rental property could be a major problem. Do you know for sure that the house is titled to your grandmother? You should consult with an elder law attorney directly. There may be several issues that need to be addressed.

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