Grant Deed and Medi-Cal

[cys1783]

What is the name of your state? CA

My father is currently in a nursing home under round the clock care. We've heard through various sources that if he were to pass away, then the profits from the sale of our home could be seized to pay back those nursing home bills. However, some people mentioned that there is a way to protect the house from Medi-Cal possession (and in the future, Medicaid. He isn't on Medicaid because he's 62 but eventually we will be applying for that as well). We spoke with a social worker who recommended that we fill out a grant deed and transfer the property to my mother and me.

I took a brief look at the form and it looks like the grantor (my father) would have to sign this, but he is incapable of doing so. He's barely cognizant as it is and 100% dependant on care.

My questions are:
1. Is a grant deed the correct way to go about protecting the house from Medi-Cal/Medicaid?
2. If the grant deed is the way to go, how do we deal with the fact that my father can't sign this document?
3. Or, would it just be easier to go to an estate planning lawyer?

Any help with this would be much appreciated as I don't want to screw anything up. Thanks in advance everyone!!

 

[seniorjudge]

What is the name of your state? CA

My father is currently in a nursing home under round the clock care. We've heard through various sources that if he were to pass away, then the profits from the sale of our home could be seized to pay back those nursing home bills. However, some people mentioned that there is a way to protect the house from Medi-Cal possession (and in the future, Medicaid. He isn't on Medicaid because he's 62 but eventually we will be applying for that as well). We spoke with a social worker who recommended that we fill out a grant deed and transfer the property to my mother and me.

I took a brief look at the form and it looks like the grantor (my father) would have to sign this, but he is incapable of doing so. He's barely cognizant as it is and 100% dependant on care.

My questions are:
1. Is a grant deed the correct way to go about protecting the house from Medi-Cal/Medicaid?
2. If the grant deed is the way to go, how do we deal with the fact that my father can't sign this document?
3. Or, would it just be easier to go to an estate planning lawyer?

Any help with this would be much appreciated as I don't want to screw anything up. Thanks in advance everyone!!

We've heard through various sources that if he were to pass away, then the profits from the sale of our home could be seized to pay back those nursing home bills.


I took a brief look at the form and it looks like the grantor (my father) would have to sign this, but he is incapable of doing so. He's barely cognizant as it is and 100% dependant on care.

He cannot sign a deed (or anything else).



1. Is a grant deed the correct way to go about protecting the house from Medi-Cal/Medicaid?
A: No; that does not work.

2. If the grant deed is the way to go, how do we deal with the fact that my father can't sign this document?
A: He can sign nothing.

3. Or, would it just be easier to go to an estate planning lawyer?
A: It is too late for that.

 

[pojo2]

In my neck of the woods so look into it, your mother has a right to a home and so if she is stilling living in the home then Medicaid will not make HER sell the home for the bills.

However the social worker is way out of line to suggest such a transaction to you.

 

[cys1783]

So are there any options available for my family? Is there anything that we could possibly do? I mean, there must be some way that we can protect the house. The first comment was pretty discouraging.

What about applying for power of attorney and then getting the grant deed? Any suggestions would be much appreciated as I'm really lost as to what I need to do about this problem. Thanks in advance for any replies ...

Ps. the social worker mentioned that our house can be used to pay the nursing home fees and we asked her specifically if there was anything that we can do to prevent that and that's when she mentioned using the grant deed.