My mother who I've been the caregiver to for 6 years most likely will need a nursing home within the next year or so, she only owns a Mobile Home and the Actual cash value is 17,000 dollars, In 2009 I had my attorney draw up a Living Estate and I am the sole beneficary, she has no monies in any bank account but she has a insurance policey which I am also the beneficary for approximently 7,000 dollars.Now she is on SSI and everything is paid for , the only money she recieves is the SSI check which is 1,218.00 per month which barely covers her bills. She does have medicare and United Health Care by AARP by Secure Horizons to pick up the diffrence on her meds and any other medical bills. The taxes on the property are in MY NAME and have been for the last 4 years but if you know about a LIVING ESTATE thats how it works, I can't throw her out but once she passess all I need to do is go to the town Hall with a death certificate and the Mobile Home automatically transfeers instantly to me, this is what the town told me personnely when I question why is my name on the taxes now but my mom still only pays the mininum since my dad was a Veteran so they still actually look at the home as hers, I know this might be confusing but I also have a Homestead act on the home and a Bill Of sale from 9 years ago that she gave it to me has a gift which I never brought to town hall since I did'nt want to lose my residency in the state where I live which is Mass and she lives in R.I.. I am a legal Mass. resident and I do not get paid for taking care of her which I could but I don't since I really don't want to get into that scenerio. So am I protected from losing everything she is leaving me if she goes into a home????
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Now when mom goes into the NH, what is your financial situation? Realize that Medicaid requires a co-pay or their "SOC" share of cost of all their monthly income to the NH less whatever your state has as their personal needs allowance (from $ 35 - 90 a mo depends on the state). If you are needing mom's SS to pay for both her & you to live in the mobile home right now, then what happens when she goes into the NH? Doing a "Living Estate" is all nice & dandy but you will have to have your own income to pay for everything once she is in a NH? Really before take some of mom's funds and pay to have an elder law attorney review the mess of paperwork you've got going on now & before the Medicaid application.