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buckscounty Asked February 2019

Child Caretaker Exception: Can we use for daughter who took care of elderly mother at home who might be facing rehab?

Elderly mother is in congestive heart failure and in hospital with blood infection that will require extensive IV therapy. No estate planning was done. Parents divorced, father passed and 1/2 house was to be split between 5 kids. We prefer to bring her home but she might need to go to rehab, not sure she will make it out of rehab and may have to go into long-term care? Daughter living with her and took care of her could be homeless if she moves to Medicaid. Would Child Caretaker Exception work here? Thanks

JoAnn29 Feb 2019
That is a question for Medicaid. She may need proof that she was there to care for the person.

But then you said that the daughter owns 1/5 of 1/2 of the house, correct? So that may help. No Medicaid leans will be put on the house till Moms passing anyway. I would think that Moms half reverts to the children. At that time you can determine how to handle the house. If sold, the lean has to be paid.

Isthisrealyreal Feb 2019
You need to contact either Medicaid and get the information or see an certified elder law attorney. Every state has it's own way of administering programs and you need to know what your state requires.

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gladimhere Feb 2019
It depends on laws in your state. Was she providing medically necessary care for a minimum of two years? The thresholds in my state.

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