Can a nursing home seize the assets of next of kin?

My mother is in a nursing home and does not have any assets. Can the nursing home obtain their fees from me for my mother’s stay in the home?

By | 2013-08-27T09:22:13+00:00 August 27th, 2013|Mortgages Home Loans Interest Rate|3 Comments

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3 Comments

  1. mildred f August 27, 2013 at 11:06 AM - Reply

    There’s far more to your question than what you have told us so far, as the other posters indicate.

    Essentially, when your relative enters a nursing home, that nursing home must be paid for their services, the accommodations, their food, etc. so her social security is no longer paid since the nursing home is providing for all of her needs. Her Medicare/Medicaid is converted to a Nursing Home type of Medicare/Medicaid. It is this that pays the bills to the nursing home, not her social security. Her social security is effectively stopped when she entered the nursing home..

    Any other assets come into the picture differently.

    It is important to know what you state’s laws are regarding her assets. In general, if your mother had a Will, and you are the executor, then you have a greater burden than if there is no Will. You don’t pay out of your pocket, **you pay out of your mother’s pocket.**

    Also, as her daughter, not her executor, you have no responsibility to pay any of her bills.

    You need to sort out the state requirements in the nursing home. I suggest you talk to the social worker/case manager at he nursing home to find out about these money issues. They will know the state laws on these matters. Would save you the cost of an attorney.

    Be sure you sign any documents to the effect that it is not your bill. Just be careful how you sign any paperwork. If possible, don’t sign anything.

  2. KlemKiddleHopper August 27, 2013 at 10:24 AM - Reply

    Depends on what asset she had just prior to admittance to the home

    Did she have any asset then – who was taking care of her before the home ?

    Does she get social security ? that would figure in scenario also –

    You need to go to social services in your area and see what can be done –

    They can’t really seize anyone’s assets unless they go to court except those assets
    that belong to your mother or if any attempt has been made to hide assets for
    family personal use that belonged to your mother –

  3. Common Sense August 27, 2013 at 9:34 AM - Reply

    Far more info is needed to answer. State rules vary too.

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