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Sent to Legal Experts July 17, 2006 10:39 a.m.

I have a friend who lives in Jenks Oklahoma and he is married and his wife has been placed in a nursing home and guardian ship taken over by the adult protective services due to her serious dementia and wandering all over and not being cooperative to seek medical help. The house is in both of their names but the other assets are seperated as far as finances. Each having their own accounts. She collects social security from her prior husband and has her own medicaid and medicare both A and B. She is in the nursing home and the adult protective services is coming to the home at this point to inventory their belongings. What will his responsibility be to her? Can they take his home? He is elderly and this is very confusing for him .Can you help me a bit?
Thank you !

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Jenks,, Oklahoma

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July 17, 2006 10:51 a.m. (12 minutes and 20 seconds later)
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No, the home is not allowed to be taken and is not counted against them. They are allowed one car and a home. They as most all Americans need a good estate plan in place long before you ever enter into the nursing home.

Medicaid/care will take any and/or all of her SS retirement to pay for the nursing home care. This will not affect the husband in anyway. If the home is in his name only then he needs to go ahead and deed it over (quit deed) and have him listed as a "life rights" estate. This will allow the house to be out of his name but at this point it does not matter due to time laws. But this will help him in the future should he go into a nursing home.

The house is in both of their names but the other assets are separated as far as finances. He will not lose the house. The spouse is allowed to retain it so tell him not to worry. They are after her assets and the bank accounts will now go to the state or either Medicaid or Medicare since no planning was done.

He needs to get a power of attorney drawn up to allow this person to sign should the need arise. Actually a durable power of attorney would be better.

But to answer the question. They can not take the house away from him. No problem that her name is on the deed with him but he needs to remove her at some point. The house will fall to him alone anyway at her death should it occur. And for the accounts then yes, if not planned ahead of time these can be seized to pay for her health care needs. But the husband is fine. Just do what is suggested with the house. He needs to deed it over to another family member with life time rights to himself. Get the POA or DPOA and go from there to cover himself.

Here is the quit claim deed form that he will need to use to transfer the home out of his name and his wifes.

http://www.formsguru.com/forms/legal-forms/quitdeed.html

file it with the Clerks office in the town he lives in.



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Reply to 4ren6
Sent July 17, 2006 10:54 a.m. (3 minutes and 3 seconds later)

do they have a right to any of money to care for her?
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July 17, 2006 11:02 a.m. (8 minutes and 27 seconds later)

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