Can Medicaid take your parent's home to pay for nursing care if the caregiver is joint owner?

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Can Medicaid take your parent's home to pay for nursing care if the caregiver is joint owner?

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My mother currently jointly owns a home with my brother. They are selling the house. My brother has bought another home for himself and his new wife. Mom and I are planning on buying a condo together. She will supply the down payment from her part of the house currently owned. Then I plan on getting a Mortgage Loan out for the remaining amount of the condo. If she would need to go to long term nursing care, can I lose my home to Medicaid to pay for nursing care expenses?

Medicaid Paying for Care

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There are two rules that affect the answer to your situation: First, if you care for your mother for the two years prior to her entering a nursing home such that your care enables her to delay going into a nursing home, then she can transfer her joint interest to you (by deed) after she is in the nursing home without penalty. That, of course, would protect it forever from any Medicaid claims by the state for your mother's care.

Secondly, remember that during your mother's life her primary residence will be exempt for Medicaid eligibility purposes but the state could possibly come after her joint interest upon her death, up to the amount of care it provided for her. However, many states will not go after a joint interest that passes by "right of survivorship" to you (this would be spelled out in the deed). If you live in one of these states--and the deed is worded correctly--then the house will be protected following your mother's death, even if still partially in her name.

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My parents own a small house. My father died in 1972. My mother became bed bound and in need of care in 2005. The Louisiana Medicaid Waiver Program began helping with her home bound long term care in 2009. My mother passed away ion 11/9/2011. Medicaid now wants to take the house, can they? The home was in my mother & father's names.

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My Mom and Dad have had their home in a revocable trust for many years. My question is: if one of them would go into a nursing home and need Medicaid, could the spouse that survives be able to later sell the house and go into a retirement community? Would Medicaid want money from the sale of their home even if its been in a trust?

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My parents put the deed of their home in my name. My mom died and my dad is in a nursing home. Can medicare take my house?

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It explains the basics of Medicaid and the caregiver. I learned a few years back from a friend, however, that a lawyer versed in elder law is a nice thing to have. Many technicalities come in to play. For example, if the caregiver worked a full-time job, did their assistance really keep a parent out of a nursing home.

If a caregiver did not live with the parent for at least two years or it is determined that their assistance was not crucial, then the state has the right to put a lien on the house to recover money that was spent on Medicaid.

There is now a partnership program between the state government and people that lets them pay into LTC. If LTC is needed, then the person can qualify for Medicaid without spending down all their assets. This is not helpful for people who are already in need of LTC, but it is an idea for people who want insurance, but can't afford the high costs of the usual policy. I wish this had been around when my parents were younger.

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Thank you so much for your answers. Thank you, especially, Gabriel. It provides me with more information and makes me feel a little better!

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Another thought is to put the house in trust for you-it needs to be done sonner not later because in most states there is a look back period of 5 yrs. Get the advice of an Elder lawyer in your area.

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BR - a lot of this depends on how the trust was set up and what your parents needs will be and if they might need to go on Medicaid. Personally I think that if they live long enough they eventually run out of $$ so you want to keep the Medicaid option out there. You would be best served by finding a elder law attorney who practices in the county where the homesteaded property is located.

If the home is large and really just too much for mom, then you need an attorney to structure how it gets sold so the proceeds can be protected - perhaps in a true living trust.
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MsPine - you are dealing with the Louisiana MERP program. You need to see if you or other family qualify for one of the exemptions and get them the paperwork asap on this. If the house has been empty and you have been paying for it's upkeep (taxes, maintenance, etc), they you need to let MERP know that you will be filing a claim/lein against the estate to recover your fair costs. MERP has to decide whether it is worth the time to go after a property, but if you don't contact them, then they figure no one will challenge their claim/lien. Most states have a short window to get the letters in, so time is super important.

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Is the house my father bought with his own assets, not any of his second wife's assets, something that can be taken by Medicaid for my stepmother's care now that she is in a nursing home or is it to be inherited by the remaining children of his first marriage as was his intent?

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My father died with out a will and from what I understand I owe half of the house. If my mom goes into a nursing home will the state be able to take my portion of the house since I inherited my dads part?

Can Medicaid take your parent's home to pay for nursing care if the caregiver is joint owner?

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