Find Senior Care (City or Zip)
Join Now Log In
S
SGeorge24 Asked May 2021

How long do I have to move out of my mom's house if she is on nursing home Medicaid and doesn't get to come home?

My mom went into the hospital, then she was released to the nursing home where we started hospice. I originally thought she would be going for 20 days of rehab, but the social worker informed me she didn't qualify for rehab because she was never going to get better. She was on Medicaid Waiver for home care before she went to the hospital so the social worker informed me she was being converted to nursing home Medicaid from day one and her Waiver was being cancelled. I inquired about papers to sign for intent to return home but the social worker told me there was no way that my mom would ever return home so that didn't apply.


I've already been talking to the social worker with her hospice and her caseworker with Medicaid Waiver. Her Medicaid Waiver Case Worker is going to try to get her approved for more hours and we would be getting a new home care agency who is able to supply more home care hours. One thing I know, the nursing home is locked up like Fort Knox, anyone entering has to check in and you can't get out unless an employee unlocks the door. I'm lucky just to get in far enough to visit her.


I moved in with my mom a little over a year ago, it's her own house and she did leave it to me in a Life Estate back in 2008. What a lawyer to me is the house goes to me after she passes away and Medicaid can't touch it. My mom is currently 96 so if we sell it now, she gets a Life Estate share which would be about $4,000 according to the chart and I would get the rest.


My question then is, what happens if for some reason we can't bring my mom home? I do have Durable POA, but all they did was had me sign a few papers for my mom's admission. I didn't have to do a new application for Medicaid.


I can't go back to my old job, I was replaced more than 6 months ago. All that's available locally is $10/hr. part-time. Not sure where I go from here as this has been my address for the last year.

igloo572 May 2021
The lawyer told you that as the LE was done ages ago, that the property will transfer to you as per the LE when your mom dies.

Medicaid isn’t going to come and take the property.
Medicaid isn’t set up to deal with old folks homes filled with their stuff and likely with years if not decades of delayed maintenance. it’s moms home and exempt asset for Medicaid until she dies. You or her may need to do a right to return document to establish this. State should have a document for this. Nobody’s coming to kick you out. Chill!

Eventually after mom dies, estate recovery aka MERP will send out a questionnaire (it’s a NOI aka Notice of Intent) & you should have the attorney attach / file the LE documents to any questionnaire so that it’s exempt from any recovery as per how LE are set up for your state. The attorney should also file the whatevers needed to have property correctly transfer to you. This could take months AFTER mom has died.

Right now, you need to - as others have said- need to find a job so you have $ to pay for utilities & groceries at a minimum. You have a roof over your head but you need a job to keep lights on, water running, gas in a car & food on table. As your mom is now in a NH, her monthly income like her Social Security, is required to be her copay to the NH. Mom will be able to keep a small personal needs allowance but realistically the PNA $ just barely covers replacement of toiletries, clothing and maybe beauty shoppe visits. Moms copay started the day she entered the NH as a LTC resident. If mom hasn’t paid it yet, expect the billing office to ask her or you as to paying this on this months copay. Please please realize Mom will have no $ to pay any of her homes costs anymore. she has gone from community based Medicaid (which allowed her to keep her income) to institutional LTC Medicaid (which requires a copay of her income).
There are jobs out there. Heck you might even find a caregiving job paying $20/25 hr as you definitely have current experience doing caregiving. Things will work out, try to chill, and not let yourself become overwhelmed. Go see your mom, the longer she lives the longer you have to sort things out and work thru your panic. 👍🏼 & big virtual hugs.

Frebrowser May 2021
That sounds right to me. The life estate was recorded back then, right?

The next issue is, can you pay the bills on your own if you take one more of those part time jobs while you work on what comes next?

ADVERTISEMENT


crazyincarolina May 2021
If your life estate deed was recorded in 2008, you have been safe from Medicaid recovery since 2013. The lawyer told you right. Medicaid can't touch it.

JoAnn29 May 2021
Yes, these are questions for your lawyer and Medcaid. With a life estate doesn't that mean Mom turned the house over to you but she gets to live in it till her passing. Since this was done 13 yrs ago your way passed Medicaid trying to recoup eventually. My opinion, the house is yours. But need to confirm this with ur lawyer and Medicaid.

Please keep posting. Now Mom is in a NH, hopevu get ur life back.

AlvaDeer May 2021
You have both a lawyer and a medicaid social worker. I would ask them. Take all your paperwork re the home and how it will pass after your Mom's death. I am not certain how this works with medicaid recovery for your Mom's care. You really need professional advice at this time.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter