Adult Child Caregiver

[se2437]

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

After my Mother had a stroke, I did a quit claim deed of her condo to myself and preparted (per my lawyer) for an Adult Child Caregiver exemption to protect it from the lookback. This was 12 months ago.

After 10 months, her Medicaid (Home Care) has been approved.

Does that mean that the property transfer has been evaluated and is in effect safe from all future liens? If not, when is this decision point?

Thanks.

 

[Indiana Filer]

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

After my Mother had a stroke, I did a quit claim deed of her condo to myself and preparted (per my lawyer) for an Adult Child Caregiver exemption to protect it from the lookback. This was 12 months ago.

After 10 months, her Medicaid (Home Care) has been approved.

Does that mean that the property transfer has been evaluated and is in effect safe from all future liens? If not, when is this decision point?

Thanks.

If your mother owns a home, why should the people be expected to pay for her care?

 

[OHRoadwarrior]

No, it does not mean that. It means you have not been called to substantiate your claim you provided care of a caliber that would have required institutionalization for a time significantenough to have incurred a vested interested in the appraised value of the property. If you cannot prove they required care of that caliber, for the time period you were there AND the property value was not consistent with the expense Medicare saved, you can lose some or all of the property value.

 

[se2437]

Thanks.....

No, it does not mean that. It means you have not been called to substantiate your claim you provided care of a caliber that would have required institutionalization for a time significantenough to have incurred a vested interested in the appraised value of the property. If you cannot prove they required care of that caliber, for the time period you were there AND the property value was not consistent with the expense Medicare saved, you can lose some or all of the property value.

Thanks for the intelligent reply. All requirements for the ACE have been met and documented. My response to your answer is "when do I get called?" She is starting to receive Medicaid benefits, Medicaid was aware of the property transfer, and they are aware of the ACE defense and in possession of all medical and financial records for the last several years. What would trigger my being "called"? When would the ACE exemption be questioned?

Thanks.

 

[Ohiogal]

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

After my Mother had a stroke, I did a quit claim deed of her condo to myself and preparted (per my lawyer) for an Adult Child Caregiver exemption to protect it from the lookback. This was 12 months ago.

After 10 months, her Medicaid (Home Care) has been approved.

Does that mean that the property transfer has been evaluated and is in effect safe from all future liens? If not, when is this decision point?

Thanks.

The bigger problem I see may be how you did a quit claim deed of her condo to you. Was she competent to even make the transfer? Are you an only child? Is your mother married?

 

[se2437]

Adult Child Caregiver Transfer of Property Exemption

The bigger problem I see may be how you did a quit claim deed of her condo to you. Was she competent to even make the transfer? Are you an only child? Is your mother married?

Yes, she was competent and everythingwas orchestrated by her attorney. She has an occupancy agreement. There's no money here, just a modest condo. I am not an only child but my two sisters are on board with everything and attended all legal meetings. I have agreed to split up the condo three ways after her death as she originally wished in her will. My mother is not married and has no other assets.

But the question remains: is there a binding decision point where protection of the condo is ensured? If so, when is it, who would know about it, how do I find out. etc.

 

[Ohiogal]

Yes, she was competent and everythingwas orchestrated by her attorney. She has an occupancy agreement. There's no money here, just a modest condo. I am not an only child but my two sisters are on board with everything and attended all legal meetings. I have agreed to split up the condo three ways after her death as she originally wished in her will. My mother is not married and has no other assets.

But the question remains: is there a binding decision point where protection of the condo is ensured? If so, when is it, who would know about it, how do I find out. etc.

Not really. All it will take is a family members getting upset with you and then deciding to fight the issue of the transfer to you and alleging fraud. You agreeing to split the condo three ways means nothing nor is it binding. So if you upset your siblings they can walk in to court and allege fraud on your part based on what you have stated -- you prepared a quit claim deed to get the property into your name after your mother had a stroke.

 

[se2437]

Adult Child Caregiver Exemption On Transfer Of Property

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

After my Mother had a stroke, I did a quit claim deed of her condo to myself and preparted (per my lawyer) for an Adult Child Caregiver exemption to protect it from the lookback. This was 12 months ago.

After 10 months, her Medicaid (Home Care) has been approved.

Does that mean that the property transfer has been evaluated and is in effect safe from all future liens? If not, when is this decision point?

Thanks.

Spoke with my Mother's Case Worker today and she said that because Medicaid has been granted to my Mother, the property IS now protected from Medicaid. The property transfer was evaluated and they decided not to pursue it and then granted her Medicaid.

I'm a little baffled about how I couldn't find any information on the process and why legal forums specializing in Eldercare don't seem to know anything on the subject.

 

[se2437]

Yes, she was competent and everythingwas orchestrated by her attorney. She has an occupancy agreement. There's no money here, just a modest condo. I am not an only child but my two sisters are on board with everything and attended all legal meetings. I have agreed to split up the condo three ways after her death as she originally wished in her will. My mother is not married and has no other assets.

But the question remains: is there a binding decision point where protection of the condo is ensured? If so, when is it, who would know about it, how do I find out. etc.

There were never any family or other issues. See post by me below. The decision point was before she was granted Medicaid. They decided not to pursue the transfer and then granted her Medicaid. Thanks.

 

[Zigner]

Spoke with my Mother's Case Worker today and she said that because Medicaid has been granted to my Mother, the property IS now protected from Medicaid. The property transfer was evaluated and they decided not to pursue it and then granted her Medicaid.

I'm a little baffled about how I couldn't find any information on the process and why legal forums specializing in Eldercare don't seem to know anything on the subject.

You've got an attorney - go pay him/her to listen and explain.

 

[se2437]

Another useless reply

There were never any family or other issues. See post by me below. The decision point was before she was granted Medicaid. They decided not to pursue the transfer and then granted her Medicaid. Thanks.

Great advice. Your off topic. What is this forum for? Again, the problem with blogs is the idiotic, useless responses like yours. Unbeleivable.

 

[ecmst12]

Well, you got the answer from the best qualified people to give it to you, but with that attitude, I don't think anyone would help you here even if they knew the answer.

 

[se2437]

OK, explain your post to me****************************....

Well, you got the answer from the best qualified people to give it to you, but with that attitude, I don't think anyone would help you here even if they knew the answer.

Yeah, I got 7 replies. One was intelligent. The other's, like yours, are random, useless comments.

So let me ask you: why do you even bother post when you have nothing to say?

 

[Zigner]

Yeah, I got 7 replies. One was intelligent. The other's, like yours, are random, useless comments.

So let me ask you: why do you even bother post when you have nothing to say?

You sure are a charmer, huh?

 

[LdiJ]

Yes, she was competent and everythingwas orchestrated by her attorney. She has an occupancy agreement. There's no money here, just a modest condo. I am not an only child but my two sisters are on board with everything and attended all legal meetings. I have agreed to split up the condo three ways after her death as she originally wished in her will. My mother is not married and has no other assets.

But the question remains: is there a binding decision point where protection of the condo is ensured? If so, when is it, who would know about it, how do I find out. etc.

There is a 5 year lookback for assets transfered when someone goes into a nursing home and medicaid is applied for to cover some or all of the cost. The purpose of that lookback period is to ensure that assets are not transferred to other people that could be used to cover a portion of the patient's care...or at least to cover the patient's care for a specific amount of time.

There are exceptions to that. The feds won't yank a house out from under a spouse who does not need nursing home care, and will not yank a house out from under a long term resident caregiver, who is family and who also needs the housing. The feds also won't yank the house it it is rented and the rental income (other than what is needed for property taxes etc) go towards the nursing home care.

To be honest, that really doesn't sound like what you did here. What it sounds like you did was use a POA your mother previously gave you to transfer ownership of the condo to you. Unless you have been a long term resident of the condo caring for your mother whlle living there, I suspect that you will have problems with the transfer.