Whether the attorney was correct or not depends on the facts in your aunt’s situation. There are very strict laws, with criminal penalties, designed to prevent people from giving their property away at the last moment, or even within a few years of the time that they enter a nursing home, if the result is that the Government will be expected to pay the costs of nursing home or other care, rather than the person himself from his or her assets.
If you anticipate that your aunt may have to enter a nursing home down the road, an elder care attorney may be able to help you create a plan that will both protect much of your assets and make you eligible for Government benefits.
If she does not anticipate a nursing home, find out from the attorney why he/she thought it would be illegal.
