Will My Mother's House Have to Be Sold If She Goes on Medicaid?
My sister lives with my mom, who has reached the stage where she needs to be in a full-time care facility. My mom owns the...
Read moreThe transfer of a home can make the owner ineligible for Medicaid benefits for up to five years following the transfer. So, what your sister is contemplating could be a problem.
However, there’s an exception for which your sister may qualify. Known as the "caretaker child" exception, if your sister can show that she lived with your mother for at least two years before your mother entered a nursing home and during that time provided sufficient care to your mother to keep her out of the nursing home for at least two years, the usual Medicaid penalty for transferring the home does not apply. Usually a letter from a doctor regarding the care provided by your sister will satisfy the Medicaid agency, but since the rules can change from state to state it’s important to consult with a local elder law attorney or with the Medicaid agency itself.
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Your mother could still keep the home and get Medicaid benefits, but then the house would be subject to claim at your mother’s death for reimbursement to the state for whatever payments Medicaid made for her care. The transfer to your sister would protect against this claim. There are a few potential problems with a transfer to your sister. First, it would be her house, not your mother’s, giving her control, not your mother. Second, the entire house would go to your sister and not be shared with you and your other siblings, if any. There are ways to protect your mother and all of her children, and still protect the house, each with certain tradeoffs.
A local elder law attorney could advise you on the available options. Find an attorney near you.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
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READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
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READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
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