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Recent Attorney General's Opinions

Posted by: Roy Armstrong on May 20, 2017

Attorney General's Opinions

Last updated - May 20, 2017

Opinion No. KP-0147
May 11, 2017

Issues: Homestead exemptions

Section 11.13(l)(2)(B) says that a homeowner can keep her homestead exemption indefinitely even if she is not living in the homestead if the absence is . . . caused by the owner's . . . residency in a facility that provides services related to health, infirmity, or aging. The Attorney General was asked for some guidance about the breadth of this provision. For example, does it apply to newer types of independent living facilities intended for people who are general capable of living on their own? In response the AG pulled out his dictionary and quoted the definitions of some of the terms used in the statute. For example, a “facility” is an "establishment set up to fulfill a particular function or provide a particular service, typically an industrial or medical one." A “service” is "an act of assistance." “Health” means "the state of being free from illness or injury; a person's mental or physical condition." “Infirmity” means "physical or mental weakness." “Aging” is "the process of growing old." The AG did not think that a person living in a facility would have to actually receive services as long as they were available. He concluded that, “[A] court would likely construe subsection 1 l.13(l)(2)(B) to refer to an owner's temporary residence in an establishment set up to assist persons with overcoming illness or injury, or with needs related to physical or mental weakness or growing old, through a wide range of activities, regardless of whether the owner receives such services.”
Last updated; July 22, 2016