Medical Malpractice

Medicare question for North Carolina so I don't loose my inheritance?

My father moved in with me not even a year ago. He is on Medic aid / Medic care Plan B. He is a dibetic and he takes a lot of medicine. He is 76 years old and I am in my mid 50's. I work 12 hours + on a shift. He has a little less than an acre of land with an old run down trailer on it. My disabled brother lives there while my father is with me. My brother pays no rent. A few days ago my father had a stroke and he can not talk well, but he is getting better and he is home from the hospital now. Medic care said he would have to sell his land or sign it over to them in order for him to get care, but the land is my inheritance. What can I do to make sure they don't take my inheritance away from me and my father can still get help. I can not afford to pay for his care, so we both depend on medic care to help. I left messages at legal aid and no one has called me back. I do not have power of attorney yet & my father will be getting a living will later. Thanks to all

Public Comments

1. Sorry to tell you, but Medicaid can deny benefits. This land is considered an asset..
2. It isn't your inheritence until your father passes away and the land is free of any liens. His land is considered an asset since it is still owned by him. It can be used to offset any benefits that he receives from the government. He cannot own something that is worth alot of money and still be eligible for government assistance. Having power of attorney will not help you at this point. You cannot transfer any property from his name to try to avoid them using it as an asset. A living will does nothing for this situation. A living will only gives instructions about care the person wants to receive if they are unable to express their wishes at the time of illness. It addresses nothing about property or assets,you need a regular will for that. It doesn't seem fair,but that is the way the system works. Many people living in nursing homes have been forced to sell their homes in order to get care. That leaves their children with nothing also. It shouldn't be the responsibility of the taxpayer to pay for someone's care that has assets that can be used to help with the cost. I know this isn't the answer you were looking for,but the state has the right to seize his property to help with the costs of his care. The only way to fully protect property from from being seized is if was put into a trust. But,this would have had to be done at least 5 years ago in order to protect his property. The state can go after any assets that have been transferred within the past 5 years.