medicate nursing home

[Wayne Freeman]

I have a seller that is a future p.r.  The owner to date is willing to sell.  The owner had been in a nursing home with a brain tumor for 5 years.  Is there any loop holes where they could sell the house.  Maybe put the house in a trust? Any suggestions are welcome. 

[Clay Lingg]

Assuming the nursing home residential does not have capacity to enter in agreement for sale, then you need to find the agent appointed under the power of attorney to sell the property now. Since the person is in a nursing facility, I'll further assume they are receiving Medicaid benefits through the state and the property has been exempted. This simply means the State will only seek recovery from the individual's estate upon the resident's passing, meaning it's unlikely the potential heirs will receive an inheritance. Therefore, you have an opportunity to convince the agent under power of attorney to sell the property now for fair market value and in doing so you'll be able to ensure that the beneficiaries receive approximately 50% of the value of the property. Make sure the deal works out for you based on the appraised value. From their scenario, they can receive nothing or 50% of the value of the property by working with you! 

Since I'm an attorney in Pennsylvania and my advice  is limited to Pennsylvania, you'll need to contact an elder law attorney in Rhode Island to handle this matter. Send me a message if you have more questions.