Mom is in an assisted living for 5 months and now the owner wants me to apply for subsidy of pay more out of pocket. Is this legal?

You say "state" so I'm assuming you are in the US. Is this correct?

The first thing I would do is to look at the contract that was signed. How long is the contract good for? If it is a year long contract then they need to honor the agreement. However at the end of the year they may not renew for another year.

If there is no contract then you may be out of luck as that would be the only legal protection I could think of you could have.

When you say "state program" do you mean Medicaid? If Medicaid is the program then there should be no problem. Your mom would pay her entire SS and medicaid would make up the entire difference...If not Medicaid, what are the terms of the program? This would also be important in deciding what her rights are.

Finally, I'm confused about the house issue. you say she put your brother's name on the house...do you mean in addition to her name that his name is also on the house? If this is the case this may create a real problem. If she owns half the house and needs care, then either he will have to buy her out or the house will need to be sold so she can get her value out of it to pay for her care.

Any more information on your location, the contract with the assisted living facility, and the state program's terms would help us answer more clearly.

Angel

Angel thank you for your comment. Yes I live in the US. His name is on the home in addition to hers as a joint owner and is very difficut to deal with because he don't want anyone "So called " taking his home away which makes him dangerous to me and my person. I told him serveral times that he doesn't own that home compeletly until she gone. I don't trust him. I am about 9 years older than he is and have power of attorney over my mom. He will not be cooperative when it come to that home. He changed the locks on the home the moment I took her out. I had someone living in the home rent free paying her a small payment to take care of my mother and because I didn't run it by him first he caused her and me a lot of problems. The sitter decided to move out and I moved my mother to an assisted living facility that she liked and choose. The only reason I am trying to deal with him for now to keep the peace is because he have to pay all the of bills associated with that home for now because all of what she has goes to pay the assisted living facility. I didn't want to deal with that home at this time. I am presenlty unemployed and trying to find work all while dealing with family that have a lot to say but no solutions. We all have to work and cannot take care of her. I wanted to get things in order for her and make her happy regardless of what my family that have no money or time to deal with her thinks. I did not want to try to deal with having to have my brother buy her out at this time because I know his credit is not good enough to do that. His debt-racial is bad and will not qualify and besides that I will have to get an attorney involved to push him. By the time the attorney is paid she will not have anything. I know of a family that did that and no one got anything. I wanted to make sure her name stayed on the home as is because that's the only thing she had to use if she had to go into a nusring home. This is a medicaid state and to recoupe their money I heard that after death they will put a lein on the home and my brother will deal directly with the state and he will not have full owership until they get their money back. I will not have to deal with it at all because my power of attorny stops at time of her death. That's if I don't go first with all of this stress my family is putting me through. Her contract with the assisted living facilty is a simple contract and she have hardship written on it but she did state that if we can pay about $200.00 more she would not go up further inwhich I will be willing to pay once I find work because I know that $1017.00 is low for 24 hour care and my mother likes it there and I am pleased so far. My mother thinks they are her family. The contract have no specific period only that she was accepted and payments are to be on time but just as you said Angel I can make them honor it and they can give me 30 days to have her removed if I can't pay. This was only by word of mouth that she asked for more money because the other clients may get subsidy but my mom is the only one with property and her facility is up for assitance under this program and the Department of Aging want to make sure they use the funds to keep people in their community or loose some of the funding if they can't get enough people. I have decided to try for the program because she may qualify but she will be off the program after the year end because I know the home will not be sold. I was just told today that they the state at this time may not make her pay it back but if they change the program in the intrum I don't want to be made to pay it back. I want them to use her home to clear any debt. I don't care about my brother. She brought that home and she needs to be taken care of. My brother can take care of his self. I WILL make him buy her out to take care of her but I will never remove her name and let him have her home free and clear. Thats what he wants I am sure but it will never happen. I just don't want to deal with it right now. As time goes on it will happen as the disease takes over and she will need extended care. As long as shes happy I'm OK.
aywhite