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Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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Goggy is correct. You definitely need an hour of time from an Elder Law Attorney. Take all details with you such as the title and deed to the home, any POA documents you have and any details you can imagine the attorney might need to know. You will find best options from this expert advice for your own home and per the laws of your own estate. Take a list of all questions. For myself I am not certain if you mean your question to be "Can I as the spouse of my husband sell our home" or if you mean "Can my spouse sell a home we co-own".
When expert advice is needed always contact an expert. I understand there is expenses involved, but you can't afford to be wrong in cases such as this, and you need to know all the ins and outs of sales, division of assets if more than one person on deed, and etc. I wish you the very best of luck.
Besides seeing a certified elder law attorney, you may also want to consult with a Medicaid Planner for NY. Not every elder law attorney is versed in Medicaid (and also because the rules change often). Medicaid rules vary by state also.
According to your profile, your spouse is on NY Medicaid. You definitely need to consult an elder law attorney who has experience dealing with Medicaid. Medicaid does a 5-year look back. Selling the home now will send up a red flag to Medicaid and they will have questions about the sale as Medicaid always try to recoup the money spent on a patient upon his death. If the home is sold, Medicaid might want you to put the money from the sale in a trust and they will put a lien on that trust. Hiring an elder law attorney is a bit pricey, but it will be worth it in the end.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I do not know the answer to your question. I live in a community property state. Laws are different here. See an attorney.
Others will chime in with their advice.
Wishing you all the best.
When expert advice is needed always contact an expert. I understand there is expenses involved, but you can't afford to be wrong in cases such as this, and you need to know all the ins and outs of sales, division of assets if more than one person on deed, and etc.
I wish you the very best of luck.
https://www.agingcare.com/discussions/can-spouse-sell-home-if-wife-is-on-new-york-state-medicaid-486726.htm