Can the Medicaid agency place a lien if an adult child, who is not disabled, lives at home?
Yes, it can place a lien on the property, but it cannot enforce the lien if the Medicaid beneficiary can prove that the live-in adult son or daughter provided care that allowed the beneficiary to stay out of a nursing home for at least two years immediately before entering a nursing home. then, even after the beneficiary’s death, the state cannot enforce the lien as long as the adult child lives in the home. Under what circumstances is a state not permitted to enforce a lien? A lien may not be enforced, and the house may not be sold to pay for Medicaid benefits under the following circumstances: there is a living spouse (no matter where he or she lives); there is a child who is under age 21, or is blind or disabled (no matter where he or she lives); there is a brother or sister with an equity interest who lived in the home for the year immediately prior to the nursing home admission (but only if the sibling has continuously lived in the home since that date); there is a non-disabled ad
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- Can the Medicaid agency place a lien if an adult child, who is not disabled, lives at home?