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What is the law that protects parents home/assets should they need to go into a nursing home if/after a child care giver has lived in the home with them for 2 years?


If you'll check under countable assets for Medicaid spend-down, many sites will mention the primary residence. There are certain rules that pertain. First that, as you said, the caregiver had to live with the parents for at least two years. Second, living there kept the parents from having to go into a nursing facility. Third, the house has to be given to the caregiver either before or after death.

I get a bit fuzzy on what happens if the house is passed on as a "life estate." In that circumstance, the caregiver may continue to live there, but if they want to sell the house, the value of the caregiver's service is quantified and they will receive that much when the house sells. The state has the right to recover the Medicaid costs from the remainder.

All non-valuable assets in the house are not counted in spend-down, so the family can keep them. Wedding and engagement rings can also be kept. If there are expensive things, like antiques or art, they are countable and cannot be protected as the primary residence can. Expensive jewelry is countable, but are not usually inventoried by families, so tend to disappear before the state drops in.
JessieBelle is correct as far as I know about the caregiver child and two years of care prior to residence at a facility (every state differs in law), but I believe you need a caregiver agreement. Caregiver agreement legal document... I believe you need, legally stating the elders wishes as to living and care arrangements (competent) , and I think it may be helpful to log your daily duties during this time, paper trails are important. Keep good records of Dr's app, meds, showers, etc.
I believe I just read somewhere as I am researching all this now, that if both parents are still alive but enter a hospice or nursing home, then you (if not another sibling) are legally considered the head of the household. From which I believe you can gain power of attorney because you are now liable for their taxes.

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