Elder Law Question

[NicholasV]

What is the name of your state? NY

my 78 year old mother has just gotten severely ill and fractured a hip all she has is a checking account with her disability and social security ($1300 month) and she has a co-op and is going to need nursing home care or assisted living care.

My question is what can be done to protect her home, i have been paying her bills with her money whiles shes been in hospital since April but coop is under her name and in her will im beneficiary. this is all she has and it will kill her faster to lose it. please i need as many answers as i can so i can act tuesday if i can save it i lived with her and took care of her for 27 years since divorce and cant afford to pay for assisted living or nursing home on my own and she has medicare and aetna medicare elite plan

please help me save my mothers home

 

[adjusterjack]

You're the third person this week who wants to "save somebody's home."

Here's the reality.

If she needs assisted living (or a nursing home), she sells the home and uses the proceeds and her social security to pay for it. When she impoverishes herself Medicaid will pick up the slack.

You don't get to keep the home at taxpayer's expense.

 

[Just Blue]

What is the name of your state? NY

my 78 year old mother has just gotten severely ill and fractured a hip all she has is a checking account with her disability and social security ($1300 month) and she has a co-op and is going to need nursing home care or assisted living care.

My question is what can be done to protect her home, i have been paying her bills with her money whiles shes been in hospital since April but coop is under her name and in her will im beneficiary. this is all she has and it will kill her faster to lose it. please i need as many answers as i can so i can act tuesday if i can save it i lived with her and took care of her for 27 years since divorce and cant afford to pay for assisted living or nursing home on my own and she has medicare and aetna medicare elite plan

please help me save my mothers home

So...Who should pay the cost of subsidizing your mother assisted living expenses? The tax payers? Is that fair? The home should be sold and monies go toward her care.

 

[Zigner]

What is the name of your state? NY

my 78 year old mother has just gotten severely ill and fractured a hip all she has is a checking account with her disability and social security ($1300 month) and she has a co-op and is going to need nursing home care or assisted living care.

My question is what can be done to protect her home, i have been paying her bills with her money whiles shes been in hospital since April but coop is under her name and in her will im beneficiary. this is all she has and it will kill her faster to lose it. please i need as many answers as i can so i can act tuesday if i can save it i lived with her and took care of her for 27 years since divorce and cant afford to pay for assisted living or nursing home on my own and she has medicare and aetna medicare elite plan

please help me save my mothers home

Who should pay for her care?

 

[LdiJ]

You're the third person this week who wants to "save somebody's home."

Here's the reality.

If she needs assisted living (or a nursing home), she sells the home and uses the proceeds and her social security to pay for it. When she impoverishes herself Medicaid will pick up the slack.

You don't get to keep the home at taxpayer's expense.

Actually, that may not be true. It appears that the OP has acted as his mom's caregiver and has lived in the home for a long time. In that circumstance (the caregiver circumstance) Medicaid does not require the home to be sold if it is going to remain the home of the caregiver. The caregiver situation has to be able to be proven, but if it can be, then the home does not have to be sold.

 

[Cooper@1960]

When this happened years ago with my grandmother's home I was able to buy the home and make monthly payments directly to the nursing home she was at. Medicaid had a formula for the purchase price, like 10% under appraised value and an interest rate at 2% under current rates (those numbers may be off, it's been a few years)

My grandmother lived for six years and when she passed my mother was the beneficiary of the home with no balance due.

Just another option for the OP to explore.

 

[adjusterjack]

Actually, that may not be true. It appears that the OP has acted as his mom's caregiver and has lived in the home for a long time. In that circumstance (the caregiver circumstance) Medicaid does not require the home to be sold if it is going to remain the home of the caregiver. The caregiver situation has to be able to be proven, but if it can be, then the home does not have to be sold.

Here's some more information on that exemption.

Medicaid Caregiver Child Exemption: Transferring a Home (medicaidplanningassistance.org)