Dad is 86 year old, I do everything for him and cannot work, my own financial situation is a mess. We need to know what is the best solution for either warranting his house to me so that I may sell it and buy another one in my name because the new house will have a mortgage, his current home is not valued at the asking price for another home where I plan on retiring to. It is too stressful driving the four hours to check on him and because of his situation I have not been able to work full time since December 2016. It is causing me to want to just disappear, cleaning up after him is something that makes me literally sick to my stomach and feel like I am dying faster than I should. I have my own home and husband who doesn't want him living with us anymore (he did for a year and half)...during this time, my spouse's mother wanted to move in our home because my dad was living in our home. I told my spouse hell no, there are five of them and she took care of all her grand children, there is just my sister and a half sister, one grand child who my dad absolutely NOTHING for and his two 6 and 4 year old grandchildren from our half sister who does absolutely nothing for him while he lived in NY. I had to spend $8,000 to pack and move him to FL.
At times I feel like I am losing my mind!
Lets say Dad was going to live with you but u needed a bigger house. So he sells his house and gives you the proceeds to help offset the cost. Medicaid looks at this as a gift and expects you to pay for his care amounting to the amount he gave you.
If you see an attorney you can be advised on how to be compensated by your father so as not to damage his Medicaid eligibility. The lawyers fee would be considered a valid expenditure for dad. All expenses must be documented properly in advance and not retroactively like the $8000. So you can see that it is best to get legal counsel before spending significant money caring for an elder.
There are many details to consider and your ability to retain your fathers interest in any home he owns would best be served by seeking legal counsel who understands not only property law but also Medicaid law for his state.