Is Assisted Living Considered a Domicile?

Assisted living may be considered a domicile, depending on state laws and individual circumstances. An assisted living community could be a senior’s domicile if they move there permanently and retain no links with a former residence. However, facilities don’t class as domiciles for those receiving temporary respite care. Distinct from a person’s residence, a domicile has wide-ranging implications.

For example, a senior could reside temporarily in an assisted living facility while receiving respite care but later return to their private home. On the other hand, many individuals permanently move to assisted living communities and create a new home. If they require a temporary stay in a hospital or nursing home, the assisted living facility remains their domicile. Because laws vary among states, seniors usually benefit from consulting an attorney for guidance.

Knowing a senior’s domicile has legal, financial and administrative implications. It also ensures individuals comply with relevant local rules and regulations and affects their rights and obligations. Impacts of domicile extend to:

• Benefits eligibility, including Medicaid, Medicare and the Program of All-Inclusive Care for the Elderly
• Social services eligibility
• Insurance coverage
• Voting rights
• Taxation, including estate and inheritance taxes
• Estate planning
• Support service availability