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nancyb63 Asked July 2020

Mom wants to pay for items while living in child's home: carpet, parking area, wider doors. Do these purchases disqualify her for Medicaid?

AlvaDeer Jul 2020
I sincerely doubt that a check written to a carpeting company would be looked at askance by medicaid in a 5 year lookback. Widening of doors can be looked at as wheelchair accessibility. The point is now that whatever Mom writes out a check for it should be with diary explanation kept as to WHY this money is being spent. For instance : Fall preventing carpet. Wheelchair accessible doors. On the check. Copies kept. All receipts in a folder. What I am saying is that there must be a reason. A visit to an attorney would help. You must be careful. You cannot count on the advice of forums because mistakes are catastrophic.
As I said, an attorney. Keep careful records and diaries. Folders for receipts and copies of checks. You cannot afford mistakes.
worriedinCali Jul 2020
Alva, medicaid will look at a check written to a carpeting company simply because of the amount of the check. The amount is what flags the check in the first place.
igloo572 Jul 2020
If Medicaid is anticipated and there’s already some $ moves that seem problematic, imo just stop trying to DIY this and call about to find a elder law atty that does planning for future Medicaid eligibility. Ask abt this as often elder law attorney are more about estate planning, lowering death taxes or setting up trusts.

Why? Well for LTC MedicAID, the State is going to want usually 5 years of your moms financials submitted along with her application.... like years of bank statements, paperwork on any sale or property transfers, taxes filed, “awards letters” from SSA / retirement/ pensions. The Medicaid caseworker looks for any $/asset move that looks like it could be “gifting”. That $ to you or paid to a vendor for home repairs, will surface and be an issue as caseworker has access to state database on property ownership & mom doesn’t own a home that legitimately has costs to maintain. It’s a red flag. It looks like She’s gifting $ to pay on a property that is not owned by her.

Your mom can pay you to be a caregiver or pay rent. She has income, like SS$, to use for this. But it needs to be done in such a way that it’s ok for Medicaid and legal. Which is better - rent.? or caregiver payment? - to me is interdependent on your own Financial situation, as both have tax reporting to be done. It’s something that the atty will have insight on.

Some states have an equation that caseworker uses to determine what is a reasonable amount of “assets” they should have over time. If mom sold her home, the state database will have that info and to the penny. If she gets SS$ or other retirement, state requires that info to be submitted with her application. #’s input to the equation.
Like say mom sold her home for $300K 3 years ago and gets $1200 a mo in SSA, & has no other investments but lives in her sons home rent free and has no contracts to in-home care agencies or caregivers.She hasn’t been paying for IL or AL. She’s on Medicare and a reasonable Medicare supplement. So roughly this mom would have had $360,000 in $$$ over past 5 years. Medicaid doesn’t expect her to live on air but maybe on $1600 - $1800 a month. Perhaps 2k a mo. 95k -120k over 5 years. Mom should still have $200k - $250k in “Assets”. If she’s down to the 2k maximum in “assets” Medicaid allows for an individual’s LTC Medicaid application, the equation will red flag her application. Math doesn’t make sense; she should still have $$$. She (you as her dpoa) will have to show reasonable paperwork over the 5 yr period as to just where all that $$$ went and was ok for Medicaid eligibility.

Her $ has to go for her needs, her property or her care.
Attorney will have legit options for y’all to think about. Plus she can have all other legal done or refreshed. Her paying for an atty is legit use of her $. Good luck & it’s really good you are dealing with this now ahead of her ever applying.

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Frebrowser Jul 2020
I agree; consult an appropriate attorney.

Is there a medical rationale for any of this? An argument can be made that a tenant may pay for adding accessibility features for their own use and for restoring the property when they move out. So if wider doors and a ramp are needed for wheelchair access, or carpet in a room or two has to be replaced with vinyl because of Mom's allergies, maybe ...?

My guess would be that $500 for a door or three would pass scrutiny while a $10,000 parking area would not. Replacing a too narrow door gouged by a wheelchair might be ok; I'd document the damage and repair.
FloridaDD Jul 2020
I think your guess is wrong.   While you may have logic on your side, these things can be regarded as an improvement to a home owned by a child.
Tothill Jul 2020
You need to talk to a Medicaid savvy attorney in your state. From other posts I have seen here, investing in a child's home is not allowed.

However if you set up a caregiver contract or rental agreement, that covers her paying room and board, then you could perhaps be reimbursed over time. But you want this done properly and include in the agreement what is covered, what is not and what woudl indicate that it is time for hired care or a facility.

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