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Esther911 Asked January 2021

My mother owed me for a sum of money I lent her several years ago with intent of paying me back when she sold her home. Is that allowed?

Can she add my IOU to her spend down?

Stacy0122 Jan 2021
Nope, I had a notorized loan agreement which included interest. It was essentially garbage. Medicaid is a supercreditor.

AlvaDeer Jan 2021
Is this an old and dated IOU that has been documented in every way? Does your Mother's POA see evidence in her papers of her loan to you? If there is documentation of this loan then the POA can see to it that this loan is paid according to the agreement stated in the documentation.
If, however, YOU are the POA this is all more difficult. You can imagine that were someone truly nefarious, they could get POA on someone not able to handle their own affairs, and then make a fake IOU and pay themselves? A POA must never ever be seen as doing anything "self-serving".
I am assuming someone is handling spend down for your Mom? And she is unable to make her own decisions? If she is able to make her own decisions and has documentation of her loan and it's agreement, she can repay you. But, again, Medicaid can call this amount into question. Because, again, Medicaid can claim that your Mom is simply transferring money to you with some made up story. Try to see it from their side.

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JoAnn29 Jan 2021
If you have propper paperwork, you may be able to put a lean on the house. Good question for a lawyer versed in Medicaid.
worriedinCali Jan 2021
You mean a lien? You can’t just put a lien on someone’s house.....and the OP wouldn’t be first in line to collect if she was when able to take her mother to court and get a judgement.
Guestshopadmin Jan 2021
No. Unless you executed a promissory note and documented it, Medicaid will view as gifting.

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