[deebin]

My aunt is age 92, has been placed in a nursing home and cannot care for herself. She has little money and will soon have a court appointed guardian. The Guardian is talking about selling her condominium to be used as payment for their fees. Does the Homestead Act prevent the Guardian from doing this?

[Mike1306]

It is no longer her primary residence and thus no longer her homestead.
I am assuming she is on Medicaid and I think it is normal procedure to sell assets to pay for care before Medicaid kicks in I believe.

[Broker Dave]

Best to ask an Attorney! Issues dealing with this question could affect the outcome.

Contact an attorney, ask if they will give you a free consult, this should help to decide if pursuing and using them is the best route for the issue.

Hope this helps,

[d4g4m]

There are many financial differences between medicare and medicaid. Being that the person has already been placed in a nursing home and using medicaid, the condo no longer is the primary residence and it loses its homestead exemption. It isn't that the gardian wants to sell the condo, they have to sell it to qualify for medicaid.

[doggiebus]

My aunt was put under a Guardian a few years ago and had medicare, if she had a house she would of had to sell it too. Nothing to do with medicaid. The state would of then taken the money from the sale. Basically it's the way the state gets some income to support the people under guardianship I believe. Once someone goes under guardianship they have to give everything and all money to the state.

Is there a way to "sell/change" the name on the condo to you (OP) before the guardianship takes over. This way you could sell the condo, keep the money from the sale of the condo to use for your aunt vs giving it to the state. Once the guardianship takes over any extra spending money she may had is gone basically. Not sure if she has a bank account, maybe switch that over too before the guardian takes over.