Q: My mother has Alzheimer's, but she understands the need to transfer her house deed to me. What do I need to do?
Would a Quitclaim deed be acceptable? Will there be problems with Medicare trying to confiscate the house from me later?
A: I'm sorry you find yourself in this situation. Unless your mother named you on a durable power of attorney as her agent I don't think any conveyance of real property would be proper. If you are her named agent on a durable power of attorney then confirm the right to convey property is a listed power you have. You will also need to record the durable power of attorney at the County clerk's office in the same place you would record any deed. The reason I say it may not be proper is because I'm uncertain as to whether your mother would be deemed competent. If any doctor or judge has deemed her incompetent then she could not sign a deed. As to Medicaid (long-term care) please note you would need to verify this with an Elder law attorney, but I believe Medicare has the right to deem that as her property at the time she applies for long-term care using Medicaid if the transfer occurred within 5 years prior to her seeking aid. They would then take the value of that property and deduct it from the aid they would provide. For example, instead of starting on day 1, they may say that due to the value of such property, they will not provide aid until 72 months after the application is submitted. It would be very much in her interest if you expect that she will need long-term care that you consult with an Elder law attorney before taking any actions.
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