My mother who lives with me has dementia, stage 6. She is about to inherit $70,000. Can it be protected if she goes into a nursing home?

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anonymous1044437 Asked April 2020

My mother who lives with me has dementia, stage 6. She is about to inherit $70,000. Can it be protected if she goes into a nursing home?

My brother and I along with two cousins own a farm. My mother was a life estate on the farm but signed it over to my brother and myself and in return the agreement of $70,000 would be paid to her when the farm sold. We are in the process of selling. Where should this money be put to protect it in case she has to go into a nursing home? Should my brother and I put it in a joint account or should it be put in my mother's account?

Alzheimer's & Dementia Asset Protection Medicaid Paying for Care

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score 4 · Answer 1

If your mother has the money, it should be used for her care. It’s fraud if the money is in someone else’s name.

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score 0 · Answer 2

This is a question for an elder law/estate planning attorney. Remember that laws differ from state to state, so do not mistake the casual advice from commenters on this forum as actual professional counsel. It may not be accurate or legal where your mother lives and an attorney must consider any other relevant information that needs to be known when making a decision like this. Pay a little with an actual attorney to protect a lot for your mom's sake.

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score 1 · Answer 3

See a certified elder attorney to help you navigate mom’s transition into care. In some cases a better NH is available to those who private pay for a number of months/years. $70K won’t last long but if not managed properly could prevent her from being approved for Medicaid. Remember that if she goes on Medicaid all of her SS will go to help pay for her care with the exception of a small personal needs allowance. So a prepaid funeral, dental and vision care, the attorney fees, extra clothing and shoes etc should be purchased before going on Medicaid. It’s not fraud to manage her finances as the program allows. It is fraud to attempt to hide the $70,000 and not use it for her care. Keep perfect records.

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Agreed. Attorney.

Consider a personal care agreement for care in your home. Charge market rates, pay the income tax, etc. and do what you think is right with the money.

For example, put it in an account in your name, with your brother as an authorized signer or beneficiary.

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score 3 · Answer 4

If your mother is legally entitled to the money, it is fraud not to have it go to her.

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My mother who lives with me has dementia, stage 6. She is about to inherit $70,000. Can it be protected if she goes into a nursing home?

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