This is a very complicated issue and no two situations are identical. I can assure you, based on experience, if there is Medicaid involved, YOU MUST HAVE THE SERVICES OF N ELDERCARE ATTORNEY. Medicaid is NOT for the inexperienced lay person - too many laws, complicated issues, and errors happen - get help on this right from the beginning. I assure you it is not something you want to handle. I have been a poa to someone for 28 years and to someone else for l4 years. MEDICAID (and income taxes) are the two issues I have learned NOT to handle myself and so a professional does these. I do 100% of everything else.
Consult a local lawyer that deals with family law. Bring evidence of all your "shared assets" so he/she can advise you. A certified public accountant might also be albe to help.
So your Wesley’s sister & his POA right? So actually are family? Personally I’d gather up all his & your banking and other financials, the deed & titles on all real property, both of yours old wills and see an elder law atty that understands Medicaid regulations for CT.
If you’re commingling assets, it’s not imho ever a DIY to deal with if medicaid is in his future. Medicaid is going to assume that any banking tied to his SS# is his total asset. Your going to need to unthread the $ and with proper % as to ownership on all joint accounts. The atty will have a forensic person who can determine this. (It’s a real cottage industry as divorce attys use them, some are CPAs or enrolled agents tax pros types). If his SS $ was going into a commingled account, SSA has issues with any accounts doing this and you might have to deal with becoming his representative payee to SSA with a fresh bank account for his SS direct deposits. The atty will know whats actually needed.
if your home is titled with both names on the Deed, just how the Deed reads will be super important as to ownership and by what %. Again it’s an atty versed in CT law that you need to speak with on this.
Has anyone told you about the LTC Medicaid copay requirements? For LTC Medicaid, if they want to continue to keep thier old home they can as an exempt asset for their lifetime. BUT they are required to do a copay of basically almost all of their mo. income to the NH as the required copay. All they get to keep is a smallish PNA personal needs allowance of which most are $50 or $60 a mo. So your Bro will not really have any $ to go towards his share of property costs. It will be on you to pay. Imho it will be mucho importante for you to keep meticulous records of all property costs you pay as you are either going to submit them to the State as a deduction to his Medicaid tally or file them as a debt against his estate if you end up opening probate. You might need to do some paperwork now for this eventuality, the atty will know if needed. If there still is a mortgage (horrors!), this could be quite a bit of $ needed each month. You imo want to look at all this before ever filing a Medicaid application.
On the house & estate recovery aspect of Medicaid, ime just what happens very interdependent on state laws for property rights and probate. Like for some states, if his will has an elder sibling as his only heir, they can file an exemption to get the house. If the heirs are low income, that’s another exemption. If you open probate, everything shifts into how probate works for unsecured creditors for your states laws. Really find an atty you both feeling comfortable with and let them give you options on all this.
ElizAlex, by meaning sharing a home, do you mean you are on the Deed with someone else? If yes, then yes Medicaid would consider 50% of the property later down the road for lien placement.
Medicaid can be complicated when your not a Spouse of the person you are sharing a house with. Under Medicaid a house is an exempt asset. Medicaid has caregiver allowance where if you have lived in the house and did the caregiving for at least 2 years you maybe able to remain in the house. If your a disabled child you maybe able to remain. I am sure though, that you need to show you can pay the taxes, mortgage, utilities, and upkeep to be allowed to remain.
Your best bet is to run your scenario passed a Medicaid caseworker in your State. Each state has its own criteria.
The Medicaid caregiver exemption isn’t for non-family members though, hence the name “child caregiver exemption”. The OP says the person who shares the house isn’t a family member so the caregiver exemption isn’t going to help them.
Personally I’d gather up all his & your banking and other financials, the deed & titles on all real property, both of yours old wills and see an elder law atty that understands Medicaid regulations for CT.
If you’re commingling assets, it’s not imho ever a DIY to deal with if medicaid is in his future. Medicaid is going to assume that any banking tied to his SS# is his total asset. Your going to need to unthread the $ and with proper % as to ownership on all joint accounts. The atty will have a forensic person who can determine this. (It’s a real cottage industry as divorce attys use them, some are CPAs or enrolled agents tax pros types).
If his SS $ was going into a commingled account, SSA has issues with any accounts doing this and you might have to deal with becoming his representative payee to SSA with a fresh bank account for his SS direct deposits. The atty will know whats actually needed.
if your home is titled with both names on the Deed, just how the Deed reads will be super important as to ownership and by what %. Again it’s an atty versed in CT law that you need to speak with on this.
Has anyone told you about the LTC Medicaid copay requirements? For LTC Medicaid, if they want to continue to keep thier old home they can as an exempt asset for their lifetime. BUT they are required to do a copay of basically almost all of their mo. income to the NH as the required copay. All they get to keep is a smallish PNA personal needs allowance of which most are $50 or $60 a mo. So your Bro will not really have any $ to go towards his share of property costs. It will be on you to pay. Imho it will be mucho importante for you to keep meticulous records of all property costs you pay as you are either going to submit them to the State as a deduction to his Medicaid tally or file them as a debt against his estate if you end up opening probate. You might need to do some paperwork now for this eventuality, the atty will know if needed. If there still is a mortgage (horrors!), this could be quite a bit of $ needed each month. You imo want to look at all this before ever filing a Medicaid application.
On the house & estate recovery aspect of Medicaid, ime just what happens very interdependent on state laws for property rights and probate. Like for some states, if his will has an elder sibling as his only heir, they can file an exemption to get the house. If the heirs are low income, that’s another exemption. If you open probate, everything shifts into how probate works for unsecured creditors for your states laws. Really find an atty you both feeling comfortable with and let them give you options on all this.
Your best bet is to run your scenario passed a Medicaid caseworker in your State. Each state has its own criteria.