YOU DON'T. Her assets are to pay for her own care. Even were you able to preserve her home during her lifetime, the assets of the home go to repay medicaid for what they paid for her if she required it. If she has plenty of assets, and her care is being paid for with no need for the home, then it is up to her POA for financial (I am assuming that is her daughter, your sister) when the funds from HER HOME (remember it is your Mom's home until she dies and she can sell it for her own needs) are needed for HER care. At that point her POA can sell the home, make the assets liquid and pay for your Mom's care. No beneficiary has any right to anyTHING while the person is still living. CountryMouse may be entirely correct, as she has investigated the back story you do not give us here. If you cared for her in this home with the understanding that the home would be yours upon her death, you have more of a right to the home left to you; however, if there has been any medicaid needs or if your Mom needs her assets to be made liquid to pay for her care, I believe her POA/guardian can sell the home. Please check with an Elder Law Attorney; it would be best if you and your sister pulled together in this and went together to understand this; the Estate of your Mom under POA/Guardianship can pay for the lawyer's time as this involves your mother's assets and how best to provide for her moving forward.
Thank goodness, you mention on your profile that you were your mother's caregiver for the first couple of years of her illness. Did you live at your mother's home with her? As I understand it, that should give you rights regarding the property but other forum members will be able to explain them much better.
The difficulty we run into is that the nursing home wouldn't just be "taking" your mother's, partly your, house, would it? The Nursing Home is providing care for your mother and that costs money. The house, and the IRA, are assets that belong to your mother; they have cash value; and it's not unreasonable that the money should be used to pay for your mother's care ahead of anything like legacies to her children.
Then again - to whom does your mother owe money for the house? Is that a mortgage company or other lender? Their claim will come ahead of both the NH and you. If there's still a mortgage, is anybody paying it? What about property taxes and maintenance? Are you still living there?
I'm so sorry that this is happening to your family. Apart from the stress of working out what to do about the assets, how have you been coping with your mother's illness?
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CountryMouse may be entirely correct, as she has investigated the back story you do not give us here. If you cared for her in this home with the understanding that the home would be yours upon her death, you have more of a right to the home left to you; however, if there has been any medicaid needs or if your Mom needs her assets to be made liquid to pay for her care, I believe her POA/guardian can sell the home.
Please check with an Elder Law Attorney; it would be best if you and your sister pulled together in this and went together to understand this; the Estate of your Mom under POA/Guardianship can pay for the lawyer's time as this involves your mother's assets and how best to provide for her moving forward.
The difficulty we run into is that the nursing home wouldn't just be "taking" your mother's, partly your, house, would it? The Nursing Home is providing care for your mother and that costs money. The house, and the IRA, are assets that belong to your mother; they have cash value; and it's not unreasonable that the money should be used to pay for your mother's care ahead of anything like legacies to her children.
Then again - to whom does your mother owe money for the house? Is that a mortgage company or other lender? Their claim will come ahead of both the NH and you. If there's still a mortgage, is anybody paying it? What about property taxes and maintenance? Are you still living there?
I'm so sorry that this is happening to your family. Apart from the stress of working out what to do about the assets, how have you been coping with your mother's illness?
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