Colorado Springs, CO asked in Elder Law and Public Benefits for Ohio

Q: Can Medicaid seize grandma's house if elderly uncle is living in it?

My 88 year old grandma has late stage dementia and needs 24hr care. My uncle (age 65) has lived with her for 30+ years and also has early dementia and can't really care for her anymore, but is hesitant to move her to an assisted care facility because he's worried about becoming homeless if Medicaid takes her house to pay for her care. The house is in her name and she has no living spouse. The house is in a state of disrepair and not worth much (maybe $20k), so is not enough to sell and buy another house for my uncle. Can Medicaid take the house if she goes into a facility in Ohio?

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1 Lawyer Answer
Mary Ellen Leslie Esq.
PREMIUM
Mary Ellen Leslie Esq.
Answered
  • Elder Law Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to occupy the house, the state will put a lien on it to recover the cost of her care.

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