Good intentions and Medicaid, will there be a lien on our house?

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Flyboy66 Asked January 2020

Good intentions and Medicaid, will there be a lien on our house?

We sold both my parents home and our home to buy a home with a mother in law attached. The home is titled in my wife and my name. We took care of my father until he passed and now for the past 2 years been taking care of my mother. If she needs to enter into a assisted living or nursing home will there be a Lien on our house ? We thought we would be covered with caregiver and sadly never looked or planned this out. Just wanted to take care of them. Now concerned about 5 year look back.

Medicaid Medicaid Lookback Multi-generational Living Paying for Care

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score 1 · Answer 1

My understanding is that there s a caregiver exemption on a home if you provided medically necessary care for a period of two years. This only applies if a nursing home is needed, does not apply in the case of assisted living.

Consult with an elder law attorney.

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score 1 · Answer 2

Make sure the lawyer is versed in Medicaid rules.

If you used Moms proceeds from the sale of her house to help pay for ur new home, then Medicaid "may" consider that a gift. Especially if done within the 5 yr look back. But, every state is different as is every situation. Consult a lawyer for peace of mind.

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score 1 · Answer 3

Go to www.nelf.org and find a certified elder law attorney in your area, they will help you navigate this situation.

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score 3 · Answer 4

Consult with an Elder Care Attorney that can give you proper advice. Most are well versed in Medicaid rules as well as other legalities that might be involved.

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score 1 · Answer 5

I agree with Geaton 777.

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score 5 · Answer 6

I would consult an elder law attorney who specializes in Medicaid issues. It is money well spent. Especially since you don't say what state you're in and Medicaid rules differ from state to state. People on this website are just giving you an opinion, not bone fide legal advice for free. They don't have your complete financial picture. Too risky, so please seek real legal advice specific for your state.

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Thank you, we are in Colorado

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Good intentions and Medicaid, will there be a lien on our house?

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