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kjordan17 Asked July 2018

If I have JOWROS am I liable for nursing home costs?

If I have a Joint Ownership with Right of survivorship on my Mother's home - Am I liable for nursing home costs if she is on Medicaid?

GardenArtist Jul 2018
"Joint tenants with rights of survivorship" legal interpretations also depend on state statutes. Your profile indicates you're in Tennessee. So you need to focus on TN specific laws. This is really beyond the scope of posters here to answer, since as noted, it really does require a legal interpretation.

Your post uses "JO …" I assume you mean Joint Owners??? This isn't a description I'm familiar with for deed titling, so that's another reason why a TN attorney should advise you.

You might be able to get a quick, free consultation if Senior Centers or other community sources offer one time legal consults for older folks. These attorneys can provide at least some direction on who to see to address this issue.

Another factor on a different level is if you signed any admissions papers for AL or other care facilities, particularly whether you signed individually or as proxy pursuant to a POA or DPOA.

anonymous594015 Jul 2018
Medicaid laws vary by state. You would need a lawyer to tell you if the entire value of the home is protected from Medicaid recovery just by the way it is titled.

If your mom has not yet applied for Medicaid, there may be steps you can take to protect the equity in her home from Medicaid recovery. Consult an attorney before applying for Medicaid.

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BarbBrooklyn Jul 2018
K, this is a question that only a lawyer can answer.

Medicaid will place a lien on your mother's home which will need to be satisfied AFTER her death.

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