Do I have to pay for my parents' EMS?

Do I have to pay for my parents' EMS?

My mother will soon be moving into an EMS. A few years ago, she gave me the family home, where she still lives to this day. If she is unable to pay the costs of the EMS, will I have to help her financially, given that I received this donation?

P-A, Geneva

In principle, the costs associated with a person's stay in a medico-social establishment (EMS) are covered on the one hand by health insurance (for care services) and on the other by the EMS resident, who must pay the other costs according to his or her resources. These resources include AVS, LPP or other pensions, income from assets and assets themselves, provided they exceed CHF 30,000 for a single person and CHF 50,000 for a couple. This part of the assets is taken into account as income (in principle at the rate of 1/5th if the beneficiary of the old-age pension is in an EMS).

If the resident has neither wealth nor income, or if these are insufficient, the State will contribute towards the costs of the stay in an EMS by means of supplementary benefits. The calculations used to check whether a person is entitled to these benefits and to what extent are fairly complex.

To come back to your question, the federal law on supplementary OASI and DI benefits stipulates that resources that a person has relinquished form part of the determining income. In other words, a real estate donation will be reintegrated into the accounts of the person claiming supplementary benefits, regardless of the date on which the donation was made. However, annual depreciation will be taken into account and deducted from the value of the property donated (CHF 10,000 per year, from the 2nd year after the donation). A right of habitation or usufruct will also be taken into account in this calculation, as a deduction from the value of the property donated.

In the event of insufficient resources as a result of a refusal or reduction in supplementary benefits, the beneficiaries of such a donation who are also relatives in the direct line of descent of the donor may well be required to contribute towards the costs of the EMS. More detailed information on this subject can be obtained from the EMS concerned, from Pro Senectute (which provides a calculator of entitlement to supplementary benefits) and from the Service des prestations complémentaires (SPC) in Geneva.