I've lived with my dad over 20 years. He has Alzheimer's needing nursing home care. I'm on the house deed. Upon death, will the state take the house?
Ive heard going into a nursing home they take everything of value for compensation of fees living with nothing home car savings social security ect Is this correct?
I am surmising that you are referring to Medicaid taking “everything of value for compensation”. Medicaid is not in the business to “take everything of value for compensation”. Medicaid is a federal and state program for the poor and people with limited income, etc. The states get their funding for Medicaid through taxpayers’ dollars. Medicaid will only seek to recoup what they paid out for your LO’s care in the nursing home upon his death. An example of this is if your LO’s care in the nursing home is $20,000 at the time of his death and his portion of the home is worth $24,000, Medicaid will only seek $20,000 and the balance of $4,000 will go to your LO’s designated beneficiary. If your father is on the deed of the house, Medicaid will only seek recoupment of his portion.
If you have concerns about this you should seek the advice of an elder law attorney.
Lets say you have been on the deed for over five years, then you remain in the home but you make sure on the Medicaid application, that Medicaid knows this. When Dad dies, a lien will be placed on Dads half of the house. You can remain in the home. But if you leave, sell or pass, that lien will need to be satisfied by selling the house. The NH has been paid by Medicaid and Dad by offsetting the cost of his care with his Social Security and any pension he receives monthly.
If you have been on the deed less that 5 yrs, have you been caregiving in the home for over 2 yrs. If so there is a Caregiver allowance for that where u can remain in the home until you leave, sell or die. But you may have to prove that you can pay the bills and upkeep.
For me, Moms house had been up for sale for 5 years. There was a Medicaid lien on it. Once Mom passed, I was paying the utilities, I had stopped paying taxes. I was just about ready to turn everything off and allow the house to go to Sheriffs sale. Medicaid would have done nothing. Its up to family to sell. The house did sell, tax and Medicaid liens were paid. All Medicaid does is place a lien. Once that was done, I never heard from them and it took 2 yrs from the lien to sell.
It would not hurt to consult with an Elder Lawyer. Each State is a little different when it comes to Medicaid. I just gave u the basics.
Triecy, I highly recommend that you see a certified elder law attorney. That you have been a live in caregiver and you are on the deed changes things in some states.
Medicaid does allow a home and car, plus a small amount of cash for anyone receiving public assistance. They do not make you sell the house to pay for upfront care, it is all done through recovery after death and that is what a lawyer can help you understand and keep you from making any mistakes that could be detrimental in the future for you and dad.
I assume you mean Alzheimer's disease? If Medicaid is going to be expected to pay for him for life in a nursing home, then yes you will probably have to sell the house. Your name will have to have been on the deed for longer than the Medicaid look-back period which is usually five years in order for your share to be protected as a Medicaid-exempt asset.
If your name has been on the deed longer than that, the nursing home and Medicaid can only take what is your father's half. Since you are not a spouse you will not be allowed to just live in the house until you die or move. You will be able to stayn living there but will likely have to take out a mortgage on the property and pay over your father's half of the value to the nursing home in cash. They will also demand his monthly income. After his funds have been exhausted, Medicaid will start paying what his monthly income does not cover.
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If you have concerns about this you should seek the advice of an elder law attorney.
Lets say you have been on the deed for over five years, then you remain in the home but you make sure on the Medicaid application, that Medicaid knows this. When Dad dies, a lien will be placed on Dads half of the house. You can remain in the home. But if you leave, sell or pass, that lien will need to be satisfied by selling the house. The NH has been paid by Medicaid and Dad by offsetting the cost of his care with his Social Security and any pension he receives monthly.
If you have been on the deed less that 5 yrs, have you been caregiving in the home for over 2 yrs. If so there is a Caregiver allowance for that where u can remain in the home until you leave, sell or die. But you may have to prove that you can pay the bills and upkeep.
For me, Moms house had been up for sale for 5 years. There was a Medicaid lien on it. Once Mom passed, I was paying the utilities, I had stopped paying taxes. I was just about ready to turn everything off and allow the house to go to Sheriffs sale. Medicaid would have done nothing. Its up to family to sell. The house did sell, tax and Medicaid liens were paid. All Medicaid does is place a lien. Once that was done, I never heard from them and it took 2 yrs from the lien to sell.
It would not hurt to consult with an Elder Lawyer. Each State is a little different when it comes to Medicaid. I just gave u the basics.
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Medicaid does allow a home and car, plus a small amount of cash for anyone receiving public assistance. They do not make you sell the house to pay for upfront care, it is all done through recovery after death and that is what a lawyer can help you understand and keep you from making any mistakes that could be detrimental in the future for you and dad.
If Medicaid is going to be expected to pay for him for life in a nursing home, then yes you will probably have to sell the house.
Your name will have to have been on the deed for longer than the Medicaid look-back period which is usually five years in order for your share to be protected as a Medicaid-exempt asset.
If your name has been on the deed longer than that, the nursing home and Medicaid can only take what is your father's half. Since you are not a spouse you will not be allowed to just live in the house until you die or move.
You will be able to stayn living there but will likely have to take out a mortgage on the property and pay over your father's half of the value to the nursing home in cash. They will also demand his monthly income. After his funds have been exhausted, Medicaid will start paying what his monthly income does not cover.