My question would be, why do you think Medicaid would come after you? Your are not the recipient Mom would be. I don't think by law Medicaid can come after children. It all has to do with what assets Mom has. Does she still own a home? Until she dies, thats an exempt asset as is a car. Its not until her death that Medicaid, by law, has to try and recover assets she may have. For my Mom her house had not sold so a lien was put on it and satisfied when sold. Mom had no other assets.
An Expert on Aging Care: K. Gabriel Heiser, Attorney, author, Medicaid asset protection planning gave this advice: (There is no date on the article)
Medicaid Estate Recovery and Home Ownership Medicaid isn’t in the business of “taking” seniors’ homes while they are alive. However, upon the death of a Medicaid recipient, the state may seek repayment of its outlays for the senior’s long-term care. This has become increasingly common as more seniors require long-term care but do not have the personal funds to pay for it. The Medicaid Estate Recovery Program (MERP) recoups this money by filing claims against any assets a Medicaid recipient held an interest in at the time of their death, such as their home. However, if a senior died without any assets (or with very few assets), then there is no way for the state to be repaid. As a very basic example, say Mom was in a Medicaid-certified nursing home for two years and the state paid the facility $4,000 each month for her care. Once Mom passes away, MERP will file a claim against her estate in the amount of $96,000 ($4,000 x 24 months). If Mom’s house was still in her name at the time of her death, then it will have to be sold to repay the state the $96,000. Any proceeds exceeding the $96,000 can then be distributed in accordance with Mom's will (or the state’s intestate succession laws). Each state handles MERP a little differently, and cases are often determined on an individual basis because they are so unique. I strongly advise families who are trying to achieve or maintain Medicaid eligibility for an aging loved one to seek out a reputable attorney with plenty of experience in Medicaid and estate planning strategies. Unless a senior has very low income and no assets, legal assistance is necessary to ensure all steps have been taken and prevent any surprises down the road.
No. Medicaid will not 'come after' your assets. Keep your assets separate from Mom's.
Medicaid does have an Estate Recovery program. There are exceptions to when they put a lien on the estate after the passing of the elder. See an attorney for planning if you need to keep living there and would cause you an undue financial hardship after caregiving for several years.
K. Gabriel Heiser, Attorney, author, Medicaid asset protection planning gave this advice: (There is no date on the article)
Medicaid Estate Recovery and Home Ownership
Medicaid isn’t in the business of “taking” seniors’ homes while they are alive. However, upon the death of a Medicaid recipient, the state may seek repayment of its outlays for the senior’s long-term care. This has become increasingly common as more seniors require long-term care but do not have the personal funds to pay for it.
The Medicaid Estate Recovery Program (MERP) recoups this money by filing claims against any assets a Medicaid recipient held an interest in at the time of their death, such as their home. However, if a senior died without any assets (or with very few assets), then there is no way for the state to be repaid.
As a very basic example, say Mom was in a Medicaid-certified nursing home for two years and the state paid the facility $4,000 each month for her care. Once Mom passes away, MERP will file a claim against her estate in the amount of $96,000 ($4,000 x 24 months). If Mom’s house was still in her name at the time of her death, then it will have to be sold to repay the state the $96,000. Any proceeds exceeding the $96,000 can then be distributed in accordance with Mom's will (or the state’s intestate succession laws).
Each state handles MERP a little differently, and cases are often determined on an individual basis because they are so unique. I strongly advise families who are trying to achieve or maintain Medicaid eligibility for an aging loved one to seek out a reputable attorney with plenty of experience in Medicaid and estate planning strategies. Unless a senior has very low income and no assets, legal assistance is necessary to ensure all steps have been taken and prevent any surprises down the road.
Medicaid will not 'come after' your assets.
Keep your assets separate from Mom's.
Medicaid does have an Estate Recovery program.
There are exceptions to when they put a lien on the estate after the passing of the elder.
See an attorney for planning if you need to keep living there and would cause you an undue financial hardship after caregiving for several years.
Sign NOTHING in your name for your mom.
Your assets are yours they have nothing to do with your mom's assets.
Others will add more information