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Can nursing home take my house?

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Spreckles

Junior Member
I mase a mistake I guess. My partner and I own a home jointly, we have a survivor clause on the deed and I have apower of attorney for him
We are not married. Can his brother put him in a nursing home and have the nursing home sell my house? I don't want to sell, I want to stay here. There is still a mortgage on the house He is 83 and I am 75
 

LdiJ

Senior Member
I mase a mistake I guess. My partner and I own a home jointly, we have a survivor clause on the deed and I have apower of attorney for him
We are not married. Can his brother put him in a nursing home and have the nursing home sell my house? I don't want to sell, I want to stay here. There is still a mortgage on the house He is 83 and I am 75
If you have POA for your partner, then the brother cannot put your partner in a nursing home without going to court and getting guardianship of your partner, which would overcome your POA.

The brother certainly cannot have the nursing home sell your jointly owned home, even if he does get a court to grant him guardianship to overcome your POA. However, you would end up having to pay the mortgage by yourself.
 

Pinkie39

Member
I'm an Ohio Medicaid caseworker. The nursing home cannot "take" your house or sell it.

However, the house can be subject to Medicaid estate recovery once your partner dies, assuming he receives Medicaid to pay for his nursing home stay.

You can contact the Ohio attorney general's estate recovery department for more information.
 

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