Do homeowners who require Long Term Care in a care facility get liens placed on their homes if not insured?

Question

Scenerio:

Two spouses, neither with LTD insurance. One spouse requires continued long term care at a facility. If Medi-Cal picks up the cost beyond what the care recipient can pay, will the state place a lien on the home or require it to be sold to pay the bill?

Two spouses in California, neither with LTD insurance. One spouse requires continued long term care at a facility. If Medi-Cal (CA's Medicaid) picks up the cost beyond what the care recipient can pay, will the state place a lien on the home or require it to be sold to pay the bill? Does this vary from State to State?

Answer 1

While I agree in principle with the first answerer, what's bothering me is he is answering like it was just 1 elderly person going into LTC facility & their child trying to keep the house, while your question was about the spouse, who didn't need LTC keeping the house.

I know Medicaid is a Federal program, but that states have their own departments to handle cases. I truly think that the situation is different if one spouse can still live, unassisted, in the home while the other is put under care.

I suggest you ask your lawyer, or if you don't have a lawyer, you look in your local phone book for elder care law assistance. It is best to search this out & know what your options are.

Best of luck!

Answer 2

If the home is the only asset left in the estate of any significant value, it should be sold to pay for the medical bills that medi-cal won't pay. I would rather sell it myself than have the state take my property because of a lien.

Answer 3

Yep! And if they transfer the deed within 5 years of the need for care, the state can still attach the lien on the property or deny coverage. Many an elderly parent has transferred the deed to their property to their children in an attempt to hide the assets and were shocked to learn that the state could and would take the property anyway.