Can an elderly, disabled homeowner lose their property even if mortgage is paid off?

[ferdy]

My father lives with a caregiver who is moving out. He is 64 and has trouble getting around and needs in-home care. Years ago someone from Los Angeles County told him that he could be forced into a nursing home and lose his property to pay for it if he does not have someone living with him taking care of him. The mortgage is entirely paid off and he will have a caregiver coming over during the week to look after him, but my question has to do with the legality of this. Can the county legally force a sale of his property just because he doesn't have someone living with him giving him 24 hour care?

 

[FlyingRon]

I think someone misunderstood or exaggerated. First, he's not going to be forced into care unless he's shown to not be functioning. Even if he goes into nursing care (voluntary or not), the house isn't going to betaken while he's alive provided that taxes are paid, etc. Also even if he needs assistance, there's no obligation it be live in.

 

[not2cleverRed]

I believe that you are misunderstanding something, and therefore focusing on the wrong thing.

Someone told you that your father is no longer capable of living independently.

Either someone helps him while he lives in his house, or he moves into a place where he can get full time care. *That* is the point that they were trying to impress upon you.

Nursing homes are expensive. If your father goes into a nursing home, while he has assets, those assets will be used to pay for him to stay there. The house is an asset. If the family can come up with the cash for the nursing home, everything is fine. But if not, when Dad runs out of money the nursing home will try to get its payments by converting the house into a cash asset.

The issue in not having 24 hour care for your father is this: is he safe?

 

[not2cleverRed]

I think someone misunderstood or exaggerated. First, he's not going to be forced into care unless he's shown to not be functioning. Even if he goes into nursing care (voluntary or not), the house isn't going to betaken while he's alive provided that taxes are paid, etc. Also even if he needs assistance, there's no obligation it be live in.

I believe OP is being euphemistic with the phrase, "has trouble getting around and needs in-home care".

The majority of 64 year olds would not be described this way.

 

[LdiJ]

I think someone misunderstood or exaggerated. First, he's not going to be forced into care unless he's shown to not be functioning. Even if he goes into nursing care (voluntary or not), the house isn't going to betaken while he's alive provided that taxes are paid, etc. Also even if he needs assistance, there's no obligation it be live in.

That is not quite right Ron. If someone has to go into a nursing home and cannot pay for it themselves and therefore needs Medicaid to pay for it, then their assets have to either be liquidated and used up before Medicaid starts paying, or their assets have to be producing income. Therefore his house would either have to be sold to create cash, or would have to have a renter in it, producing income.

 

[adjusterjack]

Years ago someone from Los Angeles County told him that he could be forced into a nursing home and lose his property to pay for it if he does not have someone living with him taking care of him. The mortgage is entirely paid off and he will have a caregiver coming over during the week to look after him, but my question has to do with the legality of this. Can the county legally force a sale of his property just because he doesn't have someone living with him giving him 24 hour care?

Part of that may actually be true but the criteria is not about someone living with him.

When a person becomes infirm and has no family or assistance at all, the county can step in, appoint a public fiduciary as conservator and take control of the individual and the assets. By then the person is likely too far gone to even know what is happening, will be placed in a care facility and the asset will be used to cover the cost until the asset is depleted and the county pays the freight from then on.

Note the "no family" part.

As long as your father is competent and has family members to step up and help him, the county will take no part in his care.

 

[AdoptADog]

That is not quite right Ron. If someone has to go into a nursing home and cannot pay for it themselves and therefore needs Medicaid to pay for it, then their assets have to either be liquidated and used up before Medicaid starts paying, or their assets have to be producing income. Therefore his house would either have to be sold to create cash, or would have to have a renter in it, producing income.

If the person has the "intent to return home" then the home is not counted as an asset for medicaid purposes; however, this does not mean that medicaid will not try to recoup the funds from the estate of the person upon their death.

 

[LdiJ]

If the person has the "intent to return home" then the home is not counted as an asset for medicaid purposes; however, this does not mean that medicaid will not try to recoup the funds from the estate of the person upon their death.

A good friend of mine went through this with his mother fairly recently. The intent absolutely was for her to return home. However, Medicaid still would not approve her until it was agreed that her house would be rented out to generate income that could go towards her nursing home expenses. Now, in her case I think it was likely unrealistic that she could return home, but that is what happened.

 

[commentator]

My father lives with a caregiver who is moving out. He is 64 and has trouble getting around and needs in-home care. Years ago someone from Los Angeles County told him that he could be forced into a nursing home and lose his property to pay for it if he does not have someone living with him taking care of him. The mortgage is entirely paid off and he will have a caregiver coming over during the week to look after him, but my question has to do with the legality of this. Can the county legally force a sale of his property just because he doesn't have someone living with him giving him 24 hour care?

Was that by any chance someone who was wanting to move in with him and take care of him? If this happened YEARS AGO and your father is now only 64 he hasn't been capable of taking care of himself for some time, it appears, and it is not age related.

As asked, this question is FAR too general to even have an attempt at being answered. CAN the county force a sale because of his not having a caregiver 24-7? Totally impossible for anyone to say given the amount of information we have about his condition, his finances, etc.