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TiredNiece2022 Asked June 2022

Medicaid look back help! Please. Any advice?

My aunt is moving into a memory care
facility this month. If you want my back story my post “tired and sad niece” explains it. Best case scenario my Aunt has enough money for 3 years here. I am talking worse case scenario, if her funds hit zero in 3 years and medicaid denies her or issues a look back penalty, what will happen to her if I can’t take her back? Will they literally put her on the streets?

TiredNiece2022 Jun 2022
I am worrying roughly 2 to 3 years in advance here. I just needed to hear someone tell me that if I can’t take her back in three years that she won’t end up under a bridge.

TiredNiece2022 Jun 2022
There would be nothing to disqualify her post 2021 I am speaking about before she came to live with me. So nothing suspicious would have anything to do with her time with me. But she has about two years worth of memory care money. A very nice place. So that is my concern we will not be at the five year mark for the situation my father handled and not me.

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TiredNiece2022 Jun 2022
But NOT in my home. It is become a dire situation but we have a move in date!

TiredNiece2022 Jun 2022
Hi my aunt has actually lived with me rent free for two years and has only paid for groceries a few times so she could save her money for a great memory care for when she needs it which is now. I took over for her care in 2021 when my dad died and there are a lot of instances of gifting money to cousins out of state and random things including selling her house under value when my dad was her caregiver. Nothing I have done would disqualify her. It’s a matter of time and I cannot reach out to all of these cousins asking for these funds back etc. It has nothing to do with me. I am her POA because we had to get so many things done when my father died. Being her POA does not make me her guardian or make me responsible for her for the rest of her life though to my understanding.
AlvaDeer Jun 2022
Are you handling her finances??? If so you ARE responsible for that, and you are responsible for meticulous record keeping of every penny in and every penny out of your Aunt's accounts. All accounts should be correctly set up with her name, and your name as her POA. These records and checking account statements will be invaluable when you apply for medicaid. You will simply hand them over saying that they are what you have since YOU have become her FPOA.
Again, I suggest an attorney to get all your questions answered. You cannot afford to miss anything here. You cannot afford to do it wrong. And this is something that is paid for out of your Aunt's assets by you, and added to your record keeping.
mstrbill Jun 2022
No they will not put her on the streets, she would be referred to the state and a state social worker would be assigned to ensure her well being. If Medicaid is denied because someone was gifted funds it is possible civil action could be taken to recover those funds. Possible, not guaranteed, it depends on the state and other factors. But your aunt will not be released to an unsafe environment.
TiredNiece2022 Jun 2022
Thank you. I have documentation proving she sold her house undervalue because of the condition. I have records of the state hounding us about the condition and issuing violations which is why she sold it for less than it was worth. I also have all documentation for gifts she has given people that I barely know. I have everything I need and with how things are going I am not sure we have to worry so much about five years but I am thinking ahead and want to make sure she is going to be OK if I can’t take her back because things are already dangerous in My Home.
BarbBrooklyn Jun 2022
Is this a MC place that will accept Medicaid when she runs out of funds?

Given your other posts, I would say that if the MC will not accept Medicaid at that time, your best best will be step away and allow the state to place her in a Nursing Home.

Thanks so much for the update; I'm so glad you are able to move forward.
TiredNiece2022 Jun 2022
No the place she has being placed does not take Medicaid. Because it is one of the nicest places in the area with the best care possible. At some point she will be moving. In a year if amenities don’t matter so much and she gets adjusted to not living with a family member I will move her early to stretch her funds.
AlvaDeer Jun 2022
No, they would not put an elderly woman in need of memory care out onto the streets. But I think you do need to know that facilities would be changed from expensive memory care, likely to nursing home care. So there would be a change in facilities. I would say the important thing for you is not to do POA and such if you do not already do it. Then it is simply not your problem and they will proactively work on State assistance, State guardianship, State placement. You would not have a say or choice in that matter. As you can imagine, many seniors have no funds, used their funds unwisely, have no family. Then there's no one to bully with threats of "come get her or else". Things get done and referred to Social Workers via the State.
Are you POA?
What makes you suspicious that Aunt, whose money is being managed by you, would not be able to qualify for medicaid.
If you are concerned I would see an Elder Law Attorney to have these questions answered.
Do know that none of the things you mentioned in your last posts would preclude Aunt from getting medicaid. These are normal expenditures. What the State and Federal Gov. are looking for in expenditures are things like "gifting", for instance giving YOU money in the thousands, putting her grandson through college, and etc.
Who is currently handling Aunt's finances?
If you are POA you TRULY need to see an attorney. You need a lot of help with information about how all this works. Your Aunts funds, if you are POA, pay for this. If SOMEONE else is POA, there is nothing for you to worry about.
TiredNiece2022 Jun 2022
Hi my aunt has actually lived with me rent free for two years and has only paid for groceries a few times so she could save her money for a great memory care for when she needs it which is now. I took over for her care in 2021 when my dad died and there are a lot of instances of gifting money to cousins out of state and random things including selling her house under value when my dad was her caregiver. Nothing I have done would disqualify her. It’s a matter of time and I cannot reach out to all of these cousins asking for these funds back etc. It has nothing to do with me. I am her POA because we had to get so many things done when my father died. Being her POA does not make me her guardian or make me responsible for her for the rest of her life though to my understanding.

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