nursing home and saving my mom's home

[caramelcutie]

What is the name of your state (only U.S. law)? Florida

my mom is 74 yo she has dementia and is currently in a nursing home. she has a home that is paid for free and clear. as her only child and closest living relative is there anything legally i can do to acquire the home that i currently reside in.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

my mom is 74 yo she has dementia and is currently in a nursing home. she has a home that is paid for free and clear. as her only child and closest living relative is there anything legally i can do to acquire the home that i currently reside in.

Is Medicaid paying for her nursing home?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida

my mom is 74 yo she has dementia and is currently in a nursing home. she has a home that is paid for free and clear. as her only child and closest living relative is there anything legally i can do to acquire the home that i currently reside in.

You can buy it for fair market value.

 

[caramelcutie]

Is Medicaid paying for her nursing home?

yes it is. along with her 1400/month ss check

 

[LdiJ]

yes it is. along with her 1400/month ss check

You are going to need to do some googling, but I do know that if you were your mother's live in caretaker for a certain number of years that you may remain living in the home and it won't have to be sold to cover her care. However, I do not remember what happens after she passes away.

 

[FlyingRon]

I do not believe this is the case, Ldij. Only protections are offered to spouses or children who are under 21, blind, or disabled, or to siblings who have an equity share.

They most likely will lien the property until the enrollee dies.

You probably want to consult with an elder law attorney, There are some allowable things you can spend down (prepay funeral expenses, etc...) ahead of the medicaid recovery. What you don't want to do is something that will make her ineligible for medicaid like having her deed over the property to you outright. If mom is still lucid enough to sign paperwork, you may also wish to get wills, advanced medical directives, and certain POAs in place while you can (I managed to just beat the buzzer on this with my mother in law at the time she went into "the home").

 

[LdiJ]

I do not believe this is the case, Ldij. Only protections are offered to spouses or children who are under 21, blind, or disabled, or to siblings who have an equity share.

They most likely will lien the property until the enrollee dies.

You probably want to consult with an elder law attorney, There are some allowable things you can spend down (prepay funeral expenses, etc...) ahead of the medicaid recovery. What you don't want to do is something that will make her ineligible for medicaid like having her deed over the property to you outright. If mom is still lucid enough to sign paperwork, you may also wish to get wills, advanced medical directives, and certain POAs in place while you can (I managed to just beat the buzzer on this with my mother in law at the time she went into "the home").

I definitely read somewhere that family members who provided care for an elderly relative for a certain number of years (for some reason 5 sticks in my head) could still continue to live the elderly person's home without having to sell it towards nursing home expenses. However, it does make sense that Medicaid would put a lien on the home.
However, I cannot find the info in a quick google search and do not have time to hunt more thoroughly.

 

[AdoptADog]

I definitely read somewhere that family members who provided care for an elderly relative for a certain number of years (for some reason 5 sticks in my head) could still continue to live the elderly person's home without having to sell it towards nursing home expenses. However, it does make sense that Medicaid would put a lien on the home.
However, I cannot find the info in a quick google search and do not have time to hunt more thoroughly.

This is from Elderlawanswers:

Exceptions

Transferring assets to certain recipients will not trigger a period of Medicaid ineligibility. These exempt recipients include the following:

In addition, special exceptions apply to the transfer of a home. The Medicaid applicant may freely transfer his or her home to the following individuals without incurring a transfer penalty:


A "caretaker child," who is defined as a child of the applicant who lived in the house for at least two years prior to the applicant's institutionalization and who during that period provided care that allowed the applicant to avoid a nursing home stay.

 

[LdiJ]

This is from Elderlawanswers:

Exceptions

Transferring assets to certain recipients will not trigger a period of Medicaid ineligibility. These exempt recipients include the following:

In addition, special exceptions apply to the transfer of a home. The Medicaid applicant may freely transfer his or her home to the following individuals without incurring a transfer penalty:


A "caretaker child," who is defined as a child of the applicant who lived in the house for at least two years prior to the applicant's institutionalization and who during that period provided care that allowed the applicant to avoid a nursing home stay.

I knew that I had read it somewhere.