My mother does not want to put a lien on her condo or to sell. People want her to submit her Medicaid application right away because of the lead time necessary for an approval. a) If she is approved what will happen to her condo if it is not in a trust? b) What happens if she does not apply right away to a nursing home to reserve a Medicaid bed after the 30-day waiting period required by the Medicaid approval? How long does she have before she must apply or can she remain insured by Medicaid, owning her own condo, and not yet applying to a nursing home for a long term bed?
What might prevent the government from going after recovery, MERP, could be if you satisfy the provision that you took care of her for over 2 years and prevented her from meeting today in a nursing home or on Medicaid.
Then there is an application process that the time you get notified of the MERP, and you don't have very much time to respond.
I don't know whether or not an irrevocable trust would insulate you, but I have a feeling it might have had to be in place long before now.
You need to see a qualified elder law attorney and find out your options before you make a misstep. With Medicaid, you have to get it right the first time. You can't unring a bell.
{Q}You need to see a qualified elder law attorney and find out your options before you make a misstep. {End Quote}
We are working with our elder law attorney { on a frail elder waiver} who has solid experience with the ins and outs of Medicaid politics.
We just went though this, and my Mother-in-Law passed away in December. We're not really sure what's going to happen, but we're selling her coop right now.
Good Luck and God Bless.
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