Can Medicare take mom's house that I live in?

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Hi, my Mom is 90, she went into senior living. She has non diabetic neuropathy so she needs a rollator type walker to get around. I was providing her primary care. Taking her to the doctors fixing her meals etc. It is her house that we lived in. It got to the point where it was difficult for her to get in the bathroom and she decided that senior living would be better. Big bathroom people to bring her meals a nurse in the building. She has been there for a year. She had to go to the hospital she has a small intestine blockage. Normally they would operate on her but she is a high risk b/c she has a pace maker and has had a heart attack she also has mesh in her abdomen. So they are trying other ways. She has what I hope is temp dementia from the toxins in her bowels. I think after this she may need to go into assisted living or if her mental condition is permanent a nursing home. Can Medicare take her home that I live in. IF they do I have no where to go. My sister was divorced and her ex paid for the rent of a town house till he retired then my mom paid I found and purchased a new town house that the monthly mortgage payment was $300 a month less than the rental. There is no room in the house for me. I also pay all her utilities / internet / HOA ...ETC . as well as for my mothers house, so there is no way I could even rent a room someplace.

8 Comments

If you were her continuous care giver in her home for at least the last two years, then the home is protected while you still live there.

Speak to an elder care attorney to see if your time as care giver will qualify you for this protection.
Medicare is something that all people 65 and over can receive. It doesn't have to be paid back. If your mother has to apply for Medicaid -- a different thing-- then the house could be an asset that the state will put a lien on if it is in her name. From what you write, you may not qualify for the exemption. She has been living in a senior apartment while you've been in the house. Whose name is on the deed? Since you've been paying bills, it sounds like you're working. Caregiving exemption is normally given under very strict conditions -- that you are a potential heir and a full-time caregiver whose service allowed your parent to stay out of the nursing home for at least two years. You have to live in the house for the whole time and consider it your primary resident. I'm not sure from what you wrote what the situation was, who paid the mortgage, and whose name is on the deed, or if you lived there.

What I would recommend is to save receipts for all expenditures you've made to maintain the house. If your mother has to go on Medicaid and the state puts a lien on the house, then you will have receipts to make your own claim against the value.
Please see a lawyer right away. Your mother will not be able to pay for your sister's home if she goes on Medicaid. You need to talk with an attorney to make sure that you have sorted out who pays for what in the last 5 years.
HI THANKS KatieKate, Guestsshopadmin and JessieBelle. I have taken care of my Mom since 2006 I have given up a big chunk of my social life to do this. Not complaining I would do it a million times again. She could get around just that the bathroom was very difficult for her and difficult for her to shower. She had a shower seat. Always was concerned she would fall in the bathroom while I was at work. Then too she is in the house all by herself while I am at work. So she went to a senior living center. She can get dressed undressed fix breakfast. Just has someone to bring her her meals and wash her. She used to be able to go to the dinning room .
I also provided care for my Father for about 8 years till he died in 2000.
From what I understand since my Mom went to the senior living her house is no longer her "primary " residence. I talked to our family lawyer and he said there are ways to limit what Medicaid can take. He said that we will talk about that when it happens. Should I consult a lawyer that specializes in Medicaid ?
Yes!
I was my mother's primary caregiver until she decided to try senior living. Now, she wants to return to my home - will Medicaid continue to provide the in-house care she needs?
How was mom paying for Senior Living? Is she already on Medicaid? If so talk to her Medicaid case manager.
Justbill: Absolutely talk to a lawyer who specializes in Elder Law.

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