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I have been told I can not do that due to she can't sell or give any assets because Medicaid will take her house if she has to go into nursing home at some point. Is that true? I was told she would have had to put me on the house 5 years ago.
It is correct that her house and other assets have to be out of her name for five years for her to qualify for Medicaid. However, if you are her POA and her caregiver you can charge for these services and be paid. It will have to be done in writing though. Also a person may gift money or assets under $5,000 to family.
I would highly recommend a consult with Elder Law atty to confirm, as Medicaid rules do vary from state to state. Also, you mention NH, which if she qualifies for would be something Medicaid can cover, but in general it will NOT cover AL or MC, only the medically necessary care (which excludes room and board, obviously the most expensive part of AL and MC!)
It does discuss the transfer of a home to a live-in adult child who is providing care and the exclusions. It does say the adult child would have to have lived there at least 2 years and provide a given amount of care (I only skimmed the article.) I would recommend reading the whole thing (discusses tax implications before and after transfer, death, and other issues.) It does state:
"While all 50 states honor this exception, it’s important to note that some states take a stricter approach than others to the Child Caregiver Exception. Rules and documentation may vary based on the state."
Consult to get appropriate legal advice is also still recommended - these kind of issues are not DIYs!
Not sure I understand the question. You will be paying off Moms house? I see no problem in paying off Moms mortgage but you may not be able to recoup the money if she sells the house.
If ur looking at maybe Medicaid within 5 yrs, her handing over the house to you or putting u on the deed now could cause problems with Medicaid. If Mom goes on Medicaid, the house is not counted as an asset. You being a resident/caregiver maybe able to stay in the house as long as u can pay the bills, taxes and upkeep. When Mom passes, Medicaid will put a lean on the house. As a resident, you can probably stay in the house. But if you leave it or sell it, Medicaid needs to be paid. If you die, the lean will then need to be satisfied. Probably by selling the house.
As said, you may want to talk to a lawyer VERY well versed in Medicaid.
‘Taking over the mortgage’ doesn’t mean that you get the house. It just means that the mortgage on it is paid off. It’s either a gift from you to mother, or that you pay off the bank mortgage, and mother owes the money to you instead of to the bank. This sounds a bit like the old misunderstanding that ‘the bank owns it all’, when in fact mother owns it, with a debt to the bank. I suspect that you don’t understand the legalities here. And that’s without the Medicaid complications!
Talk to a lawyer in her area that specializes in family law - or better yet, elder law. The lawyer will give you the best advise. To get your best answers for your money, bring in documentation about the mortgage and anything about your mom's Medicare/Medicaid status.
Medicaid cannot "take" property from anyone. The expectation is that if your Mom can continue to live in her home Medicaid will pay for aids and caregivers. If she needs to move to a senior facility the property will need to be sold and the funds used to pay her fees. When that money runs out THEN, if she is in SNF care, Medicaid will pay the fees.
Please note that Medicaid will not pay for AL, only SNC. I found that some ALs in Ohio might accept the Medicaid waiver if the person has lived there a minimum of 2 years.
It's complicated so consult someone at Medicaid in your mother's state for details, each state has different rules. I suspect if you start paying the mortgage you might not get your money back when you apply.
This is not how Medicaid works. The home is an exempt asset and does not need to be sold when the person enters LTC. Medicaid doesn’t arbitrarily paid for caregivers for everyone who can stay home either. If that was true this forum wouldn’t be full of worn out family caregivers.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If Igloo answers, listen to her advice. She is the only person I would listen to.
This was an interesting and informative site:
https://www.payingforseniorcare.com/medicaid/caregiver-child-exemption#:~:text=The%20Caregiver%20Child%20Exception%20is,or%20gain%20eligibility%20for%20Medicaid.&text=(As%20a%20side%20note%2C%20Medicaid,board%20portion%20of%20assisted%20living.
It does discuss the transfer of a home to a live-in adult child who is providing care and the exclusions. It does say the adult child would have to have lived there at least 2 years and provide a given amount of care (I only skimmed the article.) I would recommend reading the whole thing (discusses tax implications before and after transfer, death, and other issues.) It does state:
"While all 50 states honor this exception, it’s important to note that some states take a stricter approach than others to the Child Caregiver Exception. Rules and documentation may vary based on the state."
Consult to get appropriate legal advice is also still recommended - these kind of issues are not DIYs!
If ur looking at maybe Medicaid within 5 yrs, her handing over the house to you or putting u on the deed now could cause problems with Medicaid. If Mom goes on Medicaid, the house is not counted as an asset. You being a resident/caregiver maybe able to stay in the house as long as u can pay the bills, taxes and upkeep. When Mom passes, Medicaid will put a lean on the house. As a resident, you can probably stay in the house. But if you leave it or sell it, Medicaid needs to be paid. If you die, the lean will then need to be satisfied. Probably by selling the house.
As said, you may want to talk to a lawyer VERY well versed in Medicaid.
Please note that Medicaid will not pay for AL, only SNC. I found that some ALs in Ohio might accept the Medicaid waiver if the person has lived there a minimum of 2 years.
It's complicated so consult someone at Medicaid in your mother's state for details, each state has different rules. I suspect if you start paying the mortgage you might not get your money back when you apply.