I lived with my mother and Medicaid paid me 4 hrs a day when she was assessed to have 24 hr care.
I provided this care mostly unpaid and what I did get paid was several dollars less then what the state pays for in home care.
I qualify for the child caregiver excemption and Medicaid's trying to take her home that's rightfully mine...
You're not allowed to discuss estate recovery with a case worker..
Straight fighting this all the way
What are your plans to fight it?
This is what I was told when I applied for Medicaid for Mom. The Will is really void. First, because there is no money to leave and second, even though the house is exempt at time Mom applied when she passes its a different thing. It depends on how much money Medicaid put out for Moms care if the house gets left to anyone. Medicaid does not take the house. But if its sold, they have the right to recoup their costs. That can be done at least a couple ways. The house gets sold and the Medicaid lean is satisfied. Balance of the proceeds are then split among the beneficiaries. (This is what happened to me) A family member who may inherit it, pays the lean. That house could sit there for years and Medicaid will not "take it". It will probably be sold in a Sheriffs sale to pay the back taxes and Medicaid lean first.
I have Moms paperwork from NJ Medicaid for recouping money. It states that if you and Mom were both residents at the time she entered care and this is ur main residence, you may be able to stay. A lean will still be placed on the house and will need to be satisfied if you leave, sell or die. Since I didn't send paperwork back concerning a resident not sure what would have happened there. But it has been mentioned on the forum that you have to prove that you can afford to pay the bills, taxes and upkeep on the house.
If you were allowed to remain in Moms house while she was in care, I would wonder why it would be a problem after she passes? Unless the recovery laws are different from state to state.
Once Mom was gone, I never talked to Moms local caseworker. I had to talk to someone in Trenton, the capital, concerning the house. The recovery letter, the lean paperwork and eventually the paperwork saying the lean was satisfied all came out of Trenton. I actually did requested a letter, from the local caseworker, saying what Mom owed so I knew how much I needed to sell the house for to satisfy the lean before the lean paperwork was sent. The letter came from Trenton so that's who I always dealt with.
I hope you have a lawyer well versed in Medicaid recovery.
It would be great if you updated this thread occasionally to let us know how things go, good or bad. Any information you learn would definitely help others in a similar situation now, or those considering it.
Blessings to you.
While you certainly can fight this, it is doubtful that you will win against government lawyers, nor be able to pay your own lawyers at about 350.00 an hour.
We see often on Forum that family members who give up their own living quarters, their homes and their jobs to care for elders do end up homeless and without a job or a job history. It is a reality. And any pay their can receive is not really fair compensation for what they do.
I am sorry for this pain, and this struggle. But I thiink I would not sink any money into this. And do take great care dealing with Government authorities.
I wish you luck ongoing.