Can Medicaid take your parent's home to pay for nursing care if the caregiver is joint owner?

Maybe. I suggest you get the correct information by going to the Medicaid site and reading it . I have the same problem. I am joint tenents with Mom and Medicaid was denied even if this was her homestead. She was given food stamps however,which is part of Medicaid . I would not make any investments until you have all your answers.
Blessings Virginia

Thank you so much for your answers. Thank you, especially, Gabriel. It provides me with more information and makes me feel a little better!

My parents own a small house. My father died in 1972. My mother became bed bound and in need of care in 2005. The Louisiana Medicaid Waiver Program began helping with her home bound long term care in 2009. My mother passed away ion 11/9/2011. Medicaid now wants to take the house, can they? The home was in my mother & father's names.

It explains the basics of Medicaid and the caregiver. I learned a few years back from a friend, however, that a lawyer versed in elder law is a nice thing to have. Many technicalities come in to play. For example, if the caregiver worked a full-time job, did their assistance really keep a parent out of a nursing home.

If a caregiver did not live with the parent for at least two years or it is determined that their assistance was not crucial, then the state has the right to put a lien on the house to recover money that was spent on Medicaid.

There is now a partnership program between the state government and people that lets them pay into LTC. If LTC is needed, then the person can qualify for Medicaid without spending down all their assets. This is not helpful for people who are already in need of LTC, but it is an idea for people who want insurance, but can't afford the high costs of the usual policy. I wish this had been around when my parents were younger.

I followed my own link and see that it doesn't take to the correct page, though it is the correct url. (sigh) You have to click "Medicaid" in the lefthand column, then look through the article list to find "Can a Nursing Home Take Your Home" (or something like that).

Another thought is to put the house in trust for you-it needs to be done sonner not later because in most states there is a look back period of 5 yrs. Get the advice of an Elder lawyer in your area.

My Mom and Dad have had their home in a revocable trust for many years. My question is: if one of them would go into a nursing home and need Medicaid, could the spouse that survives be able to later sell the house and go into a retirement community? Would Medicaid want money from the sale of their home even if its been in a trust?

BR - a lot of this depends on how the trust was set up and what your parents needs will be and if they might need to go on Medicaid. Personally I think that if they live long enough they eventually run out of $$ so you want to keep the Medicaid option out there. You would be best served by finding a elder law attorney who practices in the county where the homesteaded property is located.

If the home is large and really just too much for mom, then you need an attorney to structure how it gets sold so the proceeds can be protected - perhaps in a true living trust.
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MsPine - you are dealing with the Louisiana MERP program. You need to see if you or other family qualify for one of the exemptions and get them the paperwork asap on this. If the house has been empty and you have been paying for it's upkeep (taxes, maintenance, etc), they you need to let MERP know that you will be filing a claim/lein against the estate to recover your fair costs. MERP has to decide whether it is worth the time to go after a property, but if you don't contact them, then they figure no one will challenge their claim/lien. Most states have a short window to get the letters in, so time is super important.

My parents put the deed of their home in my name. My mom died and my dad is in a nursing home. Can medicare take my house?