When people get to a certain age and if they become unable to care for themselves, sometimes it’s necessary to find a nursing facility to ensure they are comfortable, eat regularly, and receive proper medical care. Nursing homes are notoriously expensive, but Medicaid is there to help pay when a patient is unable to do this.

Problems arise, however, when a patient does have assets that can be used for their own care. An attorney spoke at our office today about how people often come to her asking for help in hiding their assets so the nursing home doesn’t get them. The question that must be asked is, “If you’re not going to pay for the care, who will?” It’s the taxpayers who pay - you, me, our children.

Debtors usually have a one-year limit to seek repayment from an estate for expenses, but the Tennessee Courts have ruled that Tenn Care is not limited by this law. Tenn Care is mandated by the federal government to collect money to offset the costs of Medicaid if assets are available. As a result, attorneys are now sifting through legal documents to see if a homeowner has signed over their home or other real estate to someone else using a quit claim deed.

The key is whether the quit claim deed is at least five years old. If it is less than five years old, the deed may be considered as a way to hide assets. If a deed was signed over three months before a patient was admitted to a nursing home, then there is a strong suspicion of fraud, but if it’s been four years and three months, then the concern lessens.

If you’re thinking about trying to save your home from being sold to pay nursing home expenses, think again. The best thing you can do is to contact an attorney who has experience with elderly care, estate planning, and real estate. I would recommend Imogene Bolin, attorney at law, as a good source for more information. She can be reached at (615) 459-6189.

Have a very Merry Christmas, a safe holiday season, and a prosperous 2010!

Posted by:Kathy Tyson

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