What is the name of your state (only U.S. law)? Missouri. Found out on Wednesday my mom has Alzheimer's, and needs to moved to an assisted living facility and a nursing wasn't far off. She had been hospitalized for what we thought was severe anxiety, depression, other emotional and mental issues as well or so we thought. Paying for assisted living will not be a problem her income and va assistance will cover assisted living. Nursing home of course will be another story. My mom is a widow lost my dad 18 months ago. My father set up a revocable living trust back in 2001, I currently have healthcare power of attorney, and durable power of attorney. My moms only asset is her house, she gets my fathers pension and soc. Security, she has no money in the bank. How can we prevent losing my mom's home? Money wise we could afford to purchase but our credit rating is poor due to medical bills my husband is 100% disabled. We don't want to lose her home, what can we do to keep house, prevent state from seizing or putting a lein on it.
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Mother headed to nursing home.
- Thread starter jjmeme07
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OHRoadwarrior
Senior Member
Legally, based on your assertions, nothing. You do not get to steal the house from his mom, so she can avoid paying her bills.
commentator
Senior Member
The reason eldercare decisions are so tough is that you don't have any idea how this whole next few days, weeks, months, years will play out. If your mother has enough money to put her in a "memory care" type assisted living and self pay, let that be your next step. As long as she is self paying, there will be no need to take any actions on her house. And then it becomes a day to day situation. With no way you can predict or pre plan at this point.
She might have a sudden heart attack or fall or stroke and pass away after being there ten days. We hope this isn't the case, but it could happen. Say she lives several years happily in this unit, (which we hope for you of course) and runs out of money other than her pensions. The next step would be either to sell her house and use the assets from the sale to continue to fund her stay there, or to try to get placement for her in a nursing home and certify her for Medicaid, which would, at that time, require a complete assessment of her assets (the home) and a lien against it. Most nursing homes are very helpful in these issues, as they definitely wish to be paid.
But to put it bluntly, you have no idea how long she will live or what condition she will get in before she passes away. If you could, and did purchase the house from her now, and she files for Medicaid soon, any proceeds from the sale of the house would be in her accounts and would be taken to pay for her care before she was eligible for Medicaid. If she deeded the house over to you and applied for Medicaid before five years from the date of the transfer of the house, it would be regarded as an asset and she would be penalized in her eligibility for Medicaid. They have a five year "look back" when doing certifications for eligibility.
You make it sound like you think the state and federal government should not be paid for her health care if they are asked to provide it , that they might "seize" your mother's property unjustly. That's just not so. It would be honest and proper to use her assets to pay her medical bills, IF if becomes necessary.
But if she is actually admitted to a nursing home after a health care crisis, a few days in the hospital, Medicare will pay for a while, usually about 90 days. To be blunt, most elderly people do not require long long stays in a skilled nursing facility under these circumstances, they do not last that long once their health declines sharply. If I were you, I'd not at this point try to do any big pre-planning. Just move forward to the next step and see how things play out.
She might have a sudden heart attack or fall or stroke and pass away after being there ten days. We hope this isn't the case, but it could happen. Say she lives several years happily in this unit, (which we hope for you of course) and runs out of money other than her pensions. The next step would be either to sell her house and use the assets from the sale to continue to fund her stay there, or to try to get placement for her in a nursing home and certify her for Medicaid, which would, at that time, require a complete assessment of her assets (the home) and a lien against it. Most nursing homes are very helpful in these issues, as they definitely wish to be paid.
But to put it bluntly, you have no idea how long she will live or what condition she will get in before she passes away. If you could, and did purchase the house from her now, and she files for Medicaid soon, any proceeds from the sale of the house would be in her accounts and would be taken to pay for her care before she was eligible for Medicaid. If she deeded the house over to you and applied for Medicaid before five years from the date of the transfer of the house, it would be regarded as an asset and she would be penalized in her eligibility for Medicaid. They have a five year "look back" when doing certifications for eligibility.
You make it sound like you think the state and federal government should not be paid for her health care if they are asked to provide it , that they might "seize" your mother's property unjustly. That's just not so. It would be honest and proper to use her assets to pay her medical bills, IF if becomes necessary.
But if she is actually admitted to a nursing home after a health care crisis, a few days in the hospital, Medicare will pay for a while, usually about 90 days. To be blunt, most elderly people do not require long long stays in a skilled nursing facility under these circumstances, they do not last that long once their health declines sharply. If I were you, I'd not at this point try to do any big pre-planning. Just move forward to the next step and see how things play out.
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My state is Missouri. I have received two respones and it seem like no one understandsmt. First response saidbI couldn't steal his moms house I have no idea where that came from there is know he to steal from. My mom was f Diagnosed with Alzheimers on Wednesday apparently she is pretty far into this horrific disease that she is going into assisted care next week. Doctor says nursing home is not far off well my heartnis hoping differently. We have a family trust, a revocable trust my father passsed in aug of 2011 and mom is mentally unable son I am the sole trustee hope that is right term, I also healthcare power of attorney andba durable power of attorney. I am not wanting to rip off federal or state government in anyway. I am just wanting to protect my parents home. My dad wanted it to be there for his grandchildren, great grandchildren, a legacy. I don't want to loose what he spent a life time to build he was a vietnam vet and worked federal civil service for over 30 years. I do not want to rip off anyone, if my credit would allow me to buy house then they could have the money. Any advice or guidance would be greatly appreciated.
Ohiogal
Queen Bee
Get a fair market appraisal and then purchase the home for that amount of money. If you can't purchase it for the fair market price, the home will be used to pay for your mother's care.
commentator
Senior Member
I understand the situation. I understand that you do not want to give Medicaid your mother's house. But if it happens, which it very well may not, then it will be something you just have to deal with. After all, if you do not want to spend the money and assets your father worked hard for all his life to care for your mother in a nursing home, you could attempt to care for her yourselves at home. That way it would be less likely she'd deplete all her assets and need Medicaid, and his house could go to his children and grandchildren after her passing as you are so sure he'd prefer. But if you're going to put her in care,and she has to be there a long time, someone must pay for it.
And don't start multiple threads on the same situation.
You only get to inherit funds/assets that are not needed by your parents to pay for their care before they pass. If there's nothing left because they required extensive care, that's a shame, but IT'S ONLY STUFF. Your mother having good quality care is more important.
You only get to inherit funds/assets that are not needed by your parents to pay for their care before they pass. If there's nothing left because they required extensive care, that's a shame, but IT'S ONLY STUFF. Your mother having good quality care is more important.
LdiJ
Senior Member
This trust you are speaking about...is it funded? Is there actually money in the trust that could be used to cover your mother's needs? Or do you mean that the house is in the trust and you think that protects it from being an asset required to be used to fund your mother's care?
You can only protect your parent's home if there is other money available to fund your mother's care. Whether that be assisted living care or nursing home care. Otherwise, the house is an asset that must eventually be sold to provide for your mother's needs, if she lives long enough to need the home equity to fund her needs.
Medicaid will not kick in until her assets are exhausted.
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