Can my son and family move into my home without me losing Medicaid?

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I have lived at my home for 37 years and have a PEL loan which repayment is due in 2025. I pay the interest only every month on this loan. My sons home does not have the needed space and facilities needed to care for me whereas my home has the needed space and disability things already in it. Can my son and his wife and three children move into my house without me losing my Medicaid?

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Expert Answer
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Yes, your son his family can move in with you. It will not affect your Medicaid in any way. Of course, if they pay you rent it is taxable income and also will affect your Medicaid, but if they live their rent-free, as long as you continue to reside there, it will not affect Medicaid.
The other comments regarding a care agreement are applicable only if you wish to pay your son to take care of you, as a way of reducing your income or countable assets in order to qualify for Medicaid. If you already are qualified, then this is irrelevant.
Have a care agreement with your son, spelling out what kind of help he and his family will be providing to you, in exchange for free rent, etc. You want to make it perfectly clear that you are not giving the rent, etc. as a gift ... that it is payment for services.
Post your question on AVVO.com - that's where I get all of my free legal advice.
https://www.avvo.com/ask-a-lawyer
I usually get response within a day, sometimes more detailed than expected.
I am not affiliated with the site, I just have had great experience with it. At least enough answers to keep me going. Good luck.
Wow, Dontaskforhandouts, you were a little rough on rogersdbc. You got off the original idea. They never mentioned a nursing home for alzheimers. My Dad died with dimentia and was able to stay home with the loving care of family. You painted a very grim picture as if every person with memory problems end up in an abused system in an alzheimers unit. I can't blame that lady and family if you didn't scare the crap out of them. That might or might not be a decision they have to face down the road, but she seems plenty lucid enough now to write here and ask questions. I really think you need to back off with your experience, and advice. Your situation doesn't always exist in any way for another family. I would have saved your response for a question asking what to do if you have to put a family member in an alzheimers unit, and what to do and what to look for. That isn't one question they asked. I know, had I been the one asking if my kids can come live with me and received a response like yours it was very grim and not at all giving any information to their situation.
If you live in NY State he can become your official caregiver and be registered as such. I am not familiar with other state's laws but they may be similar. Basically, instead of having a home health aide , your son can be made the official caregiver ( and is entitled to compensation for these services). The website below is for NY State and might clarify the process
https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/cdpas.htm
I hope this is helpful. Lay down some ground rules for all of you living under one roof so your relationships will continue to be loving and respectful
rogersdbc -- It sounds to me like jeannegibbs is right about drawing up a care agreement with your son. I suggest hiring a lawyer to do this. When I became sole caregiver of my mother I consulted an eldercare attorney who accompanied me to court so I could be appointed her guardian. That gave me the right and responsibility to manage her legal, financial and medical affairs.
Thanks MaryCarther for the website. I need legal advice about my ex-husband's caregiving and later mine myself.
Yep much good advice...whatever you do, don't charge rent..
Grace + Peace,
Bob
If you have a loan on this home, one thing you're going to need to become aware of is that your dementia will only worsen and put you into a facility. Are you sure you want to go through with paying off this loan? You're probably better off to call the place that gave you the loan and just surrender this home. If you tell them the situation and mention dementia, they'll definitely see fit to help you in someway because there is coming a time you'll no longer be competent due to the nature of dementia and what it does to the mind. My foster dad developed dementia and there's no way he would've been competent in your type of situation, he ended up in a nursing home if we had to give him better care than you could ever get at home. Be very wary though, there's abuse that often goes on in these Alzheimer wings, I saw it. I would be very careful about someone moving in on your turf, especially knowing the nature of your condition. This is what people often use against you in order to take advantage of you whether knowingly or unknowingly. My bio dad developed Alzheimer's and someone ended up taking advantage of him and wrongfully taking money and resources she wasn't even entitled to and she was his POA. He should've had a guardian but he didn't and died intestate, meaning no well. This situation right here should teach you a lesson from my findings and send a strong warning to others because you may not realize it but your condition is what's most commonly used to financially abused elders. If I were you, i'd hurry up and sell off everything and put that money toward your future care in a facility but make sure you first have a trustworthy guardian. I would first meet with an eldercare lawyer who actually specializes in your kind of matter and have that lawyer help you protect your money and assets as well as help you find a trustworthy guardian

Other warnings

Telemarketers and door-to-door salesman (scammers) often target people just like you. If anyone comes to your door unannounced or unexpected, just don't answer the door or even go to it to see who it is. If someone calls and they're not on your regular contact list of people you know personally, don't take the call, cut it off. Also be very wary of these mail offers, and even online scams you may get in your email or run into online. Make sure all the mail is sorted by someone you can trust and make sure all the junk is tossed and parental safeguards are put up on your computer so you don't get into something online that can actually get you into trouble
I'm not sure MLE1959's information is correct. You really need to talk with an elder care attorney to get a correct answer to your question, and to learn how you might be able to protect ownership of the home for your son.
Additionally, MLE1959, there is a mortgage on the home, so that would be the primary recovery entity before Medicaid even got a shot at "taking" the home. And, for the record, Medicaid doesn't "take the home." The State might require that Medicaid expenditures be repaid from the estate of a deceased, and that might often result in the sale of the home. Anyone who is concerned about any of this REALLY needs to consult an attorney who specializes in protecting assets for Medicaid purposes.

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