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“Can the Nursing Home Take Mom's Life Insurance?”

Posted by Susan Katzen | Apr 23, 2023 | 0 Comments

If you have a parent in a nursing home, you're likely facing a lot of difficult decisions and stressful situations. It's natural to feel overwhelmed, but it's important to remember that you have options and resources available to you. One question that often comes up is whether the nursing home can take a loved one's life insurance policy. Let's dive into this issue and provide some empowering advice.

Life Insurance vs. Long-Term Care Insurance

First things first: it's important to understand the difference between a life insurance policy and a long-term care insurance policy. A life insurance policy pays out a lump sum of money to your beneficiaries when you pass away. A long-term care insurance policy, on the other hand, helps cover the costs of long-term care, such as nursing home care.

The Question at Hand: Can the Nursing Home Take Your Mom's Life Insurance?

Now, let's address the question at hand: can the nursing home take your mom's life insurance? The short answer is no, they cannot. Life insurance policies are typically considered an asset that is exempt from being used to pay for nursing home care. However, there are a few important caveats to keep in mind.

One important factor is the timing of when the life insurance policy was purchased. If your mom purchased the policy recently and transferred a significant amount of assets to pay for it, the nursing home may consider that a fraudulent transfer and could potentially go after the policy. Additionally, if your mom has named the nursing home as a beneficiary on the policy, they may be able to claim those proceeds upon her death. Finally, if the estate was named as a beneficiary rather than an individual person, it could open the door to claims.

Karen's Story

Karen's mother had a life insurance policy worth $100,000. When Karen moved her mother into a nursing home, she was worried that the nursing home would take the money to pay for her mother's care. However, Karen learned that the nursing home could not take the life insurance policy as Karen was named as the beneficiary, and therefore it was exempt. Karen was relieved to know that her mother's money was safe and that she could use it to pay for other expenses after her passing.

Still Have Questions?

If you have additional questions or concerns about nursing home care and estate planning, please don't hesitate to contact our law firm for guidance and support. Our experienced Newport Beach elder law attorneys are here to help you navigate this complex and emotional process and ensure that your loved one's needs are met. Take action now to ensure your mom's future is secure. Contact us today at 714-374-2244 to schedule a consultation.

About the Author

Susan Katzen

"I firmly believe our clients should be treated the way I would want my own family members to be treated. As a result, not only have I put together a compassionate and highly skilled team of people, but together we have served families from the grandparents down to the grandchildren. My staff and...


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