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Can Assisted Living Take Your House?
Date Updated: July 26, 2024
Written by:
Rachel Lustbader is a writer and editor with a background in healthcare and technology. Her work has been published on websites including HealthCare.com, BiteSizeBio.com, BetterHelp.com, Caring.com, and PayingforSeniorCare.com. She studied health science and public health at Boston University.
Both of Rachel’s grandmothers had very positive experiences in senior living communities, and Rachel saw firsthand the impact that kind, committed caregivers and community managers can have on seniors’ and their family members’ lives. With her work at Caring, Rachel hopes to help other families find communities, caregivers, and at-home products that benefit elderly loved ones and make life less stressful for family caregivers
What Is a Lien?
Judges use liens to collect debt. If an assisted living community files a lien on your house, it becomes public record. In this case, if you attempt to sell or refinance a property that has a lien, you have to clear it first by repaying the debt.
Most liens appear in public records, enabling you to conduct a search to determine if one affects your home. This search can usually be done through local government websites or by visiting county clerk’s offices, where detailed records of property liens are maintained. For example, if you’re looking for property in Maricopa County, AZ, you would use the Maricopa County Recorder’s Office website.
Are Caregivers Responsible for Family Members’ Long-Term Care Debt?
Caregivers don’t take on family members’ long-term care debt. Federal law stops nursing homes and assisted living facilities from suing family members after a resident dies or becomes unable to pay. In addition, the Nursing Home Reform Act prevents long-term care communities from asking family members to guarantee a resident’s debt.
On the other hand, if you signed the long-term care contract as a guarantor for a loved one, you would be legally responsible for the debt. In this case, you must arrange to pay or the assisted living community could file a lawsuit against you.