Anyone have experience with reverse mortgage & Medicaid?

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My mom has been living in a nursing home for the last 5 months.
She’s had Medicaid for 35 yrs & when she was admitted to the skilled nursing part there was also another application to Medicaid to cover her long term care to stay there.
Currently she (I’m her poa) has been paying the NH the monthly “rent” (they get mom’s SocSec & SSI) - $30 she gets to keep as spending money.
My mom still has her home which has a reverse mortgage on it.
The year isn’t up where they require notification that she won’t be returning so legally she is still able to access the money from her RM.
The question is my mom has already been thru the 5 yr lookback w/Medicaid (RM was taken out in 1997) and her house was put in trust to me then as well).
My mom wants to take out the remaining $40,000 she has from her RM & give it to me so I can buy a home to live in.
The rules have always been when my mom would request funds, the RM back would call her to verify it was her as a method of security.
This time my mom will have to speak w/them at the nursing home since she’s not living at home & has her house phone turned off.
She’s afraid if she tells them she won’t be returning home, they will cancel her loan & she won’t be able to get the funds.
There is the possibility that some of that money will be used to bring my mom back to her home (to die w/hospice coming) because she doesn’t want to die in the NH, but that will cost $ out of pocket so she would use the RM money to pay for that.
We’re advised NOT to tell the RM bank about this & just say that she IS coming home so there won’t be any issues with them giving my mom her money.
Is this doable??

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They call a locksmith and have old locks removed and replaced with new locks. The costs for doing this is added to the foreclosure costs and is deducted from sale proceeds when the house is eventually sold.
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Hangingon61 Jul 20, 2018
But do they send some kind of notice saying the exact date that the house is going to be in forclosure & you have so much time to get your personal possessions out?
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Just received the letter of yearly occupancy from the reverse mortgage co today..it says it needs to be returned in 30 days.
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Reply to Hangingon61
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Thank you lindylu.
I’ll call the cdelaw.org to see if they can help.
Really appreciate knowing about them. XO
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There might be attorneys who would do some work for you at low or no cost. One example in Chicago is the Center for Disability & Elder Law who have attorneys who do volunteer work. Catholic Social Services sometimes also offer volunteer/pro bono legal help for the elderly. The Center for Disability & Elder Law website is cdelaw (dot) org.

I really, really think you should consult an attorney on this. If Medicaid doesn't like the transfer, I'd worry they'd look to you as POA and the recipient of the transfer. If you are entitled to transfer the RM money without any penalty, getting legal advice will help you have peace of mind and should protect you. I think this is one of those times that getting over the inclination to avoid the immediate stress of contacting an attorney will be worth the peace of mind and avoidance of hassles later on.

Re: POA, different organizations may request that you provide evidence of your POA individually. Although the NH recognized it, the bank needs to verify also.

I hope you will talk to someone who is familiar with RMs and the Medicaid laws in IL. It seems like a complicated situation, and both the government and bank will want to get as much as they can. I hope you will take care and seek the advice of a professional with experience who can look out for you and your mom's best interests. I hope you are doing all right.
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DeeAnna as soon as my mom was transferred to the skilled nursing section of the facility (from rehab), the nurses asked me about being my mom’s poa & I needed to submit that to the administrator along w/her Medicaid application so I’m pretty sure it’s been accepted.
I spoke to the hospice nurse about not getting the doctors letter from the NH administrator & the nurse said she’d be able to get it for me since she knows I need it in order to do anything w/mom’s house.
So I’m waiting for that.
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What does your Mom's POA document state are the reasons that you can evoke your power and act as your Mom's POA?

I don't know that you mentioned it until today:
" however you must remember the RM bank will NOT recognize me as my mom’s POA because the NH has yet been able to issue me the doctors letter saying that my mom’s not able to make decisions."

Usually it is NOT the Nursing Home's responsibility to contact a doctor to have the person declared "incompetent" as that could be considered a "conflict of interest" with the Nursing Home. It is the family's responsibility and that of their attorney to contact the doctor(s) and have the family member declared "incompetent".

I was lucky because my Mom’s Durable POA document states:
“I declare that this power of attorney shall not be affected by my disability or incapacity and that the authority granted herein shall continue during any period while I am disabled or incapacitated.” So as soon as Mom was admitted to the hospital and then the Nursing Home, I was able evoke my Power of Attorney.

Added: Here are some websites that you can COPY and PASTE onto your browser that tell you how to declare someone incompetent.
https://legalbeagle.com/5122660-declare-someone-mentally-incompetent.html

https://www.reference.com/health/declare-someone-mentally-incompetent-f190f43465b6edc5

http://orlowskywilson.com/articles/estate-planning/what-to-do-if-your-parent-or-spouse-is-incompetent/

https://info.legalzoom.com/legally-incapacitated-vs-legally-incompetent-21238.html
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You need to communicate directly with the psych doctor.
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Reply to BarbBrooklyn
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Riverdale when I spoke the administrator @ this NH, I told her what I needed (as told by the RM) & that was a letterhead from the psych doctor that diagnosed my mom.
She said “oh we don’t that, we only would write & correspond w/Medicare & Medicaid”.

So either she’s ignorant & doesn’t know that it IS permissible to get their doctor to write the letter or she’s lying to me.
Neither one is acceptable, but she’s got the power so what can I do??
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I dont understand the hold up with NH issuing this letter. I was able to get letters such as this fairly easily. It does or might require persistence although this is not an unheard of request unless I am missing something from your post.
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You can't say to mom "Mom, we need to talk to a lawyer before we can do anything about getting the rest of the RM money"?

I think the idea of bringing mom home with full time care could be the "line" that you use to get mom to talk to the lawyer.  Although, in your shoes, I'd examine that idea with great caution before acting upon it.  But you really need to get, and take, expert legal advice in this situation.
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