If assets were gifted and then spent, does my mother get denied Medicaid and if so what happens to her? She dies alone at home?

My personal experience with CNA agencies has been awful even when I paid $20/hour for my father. Everyone was completely incompetent to handle an agitated obnoxious man like my father. So parson me if you are a wonderful care giver, but the nurses I hired who are my friends and relatives are far better than anyone sent by an agency. You have every right to amuse yourself by writing poems to trash me. I was a troll at 18 and posted on my door "Phony friends and their charades don't understand that beauty fades, too much loud noise, too many boys, my privacy invades." Anyone who believes that a woman with dementia could post what I posted, when all she can do is ask what time is it, what's for dinner, when is the nurse coming to take me to the doctor is thick and does not know that people with dementia can't understand the complexities of elder law....I know I worked for those attorneys. Even after the 5 year look back period has elapsed, I am not going to set up a Qualified Interest Trust so she can get Medicaid. She will be surrounded by people who love her until she qualifies for hospice. I am paying for all her care with her money and making all arrangements so she can get her hair done or whatever makes her feel happy. If I let the nursing take all her money, she would not be able to go to Hair Color Experts and I assure you that she would die faster. Nursing homes are warehouses for the dying. In socialist countries, the elderly are taken care of, but we live in an oligarchy and nobody seems to know how to stop the corruption.

Forgiven, Beverly, now make a good act of contrition and say ten Hail Marys. That's an inside joke for catholics.

The Alzheimers society told me that a nursing home should be used as a last resort and only in the final stages of dementia. A family caregiver who loves the person is always superior to even the best nursing home out there. So don't put your loved one in a home unless you have no choice.

I already know what a lawyer would say. But I am NOT defrauding the system. I am the daughter as you know and I am not gaming the system in any way. I am taking care of my mother by hiring private nurses and drivers to help me do the things I cannot do (drive, stand in line to by groceries, etc.) with the money that she gifted to me. I am giving her a good life by keeping her at home. The private nurses charge me far less than a nursing home would cost since I only need them for 4 hours. You might be pissed because I'm playing games, but the amazing sympathy for the mother with dementia and the dearth of compassion for the disabled daughter who has to wait three years to fight the system she paid into for 35 straight years amazes me. I am a writer. I am interested in exposing nursing home corruption because I saw it firsthand when I put my Dad in a home. I would never do that to my Mom, knowing now what I did not know then. Sorry if I offended you.

People who are answering this, other than Stacey who's already figured out the situation:

Same poster is the mother in the post

https://www.agingcare.com/questions/not-eligible-for-medicaid-because-I-gifted-my-assets-193669.htm

and the daughter in this one:

https://www.agingcare.com/questions/assets-gifted-then-spent-does-mother-get-denied-Medicaid-193637.htm

Beverly, your attorney is right. Look for insurance policies you can cash in for face value now (they would count as assets later on anyways) and keep records of the money you spent and continue to spend on care and it may help. On another post you mention income being overlimit and there is something called a Miller Trust that excess income can be put into. But the size of the gift is an issue and some things about it probably cannot be fixed in retrospect. In no way is the system set up to let anyone keep recently gifted assets and still get full long-term care support.

Beverly, you have to wait until five years after the last gift. Both Medicaid and VA do the five year look back now. So she is all yours until then.
Paying the nurses: prove it with invoices from the nurses AND proof that the MD ordered the nursing care for her and not for both of you.
Fortunately for you, Florida is not a "filial responsibility" state. PA is and in PA the nursing home sues the children and wins.

It looks like you are in Florida. Google Medicaid waiver Pace programs florida to get more information . And please make sure your lawyer is certified in ElderLaw. This is not a project for your nephew's friend who just passed the bar.

Beverly, was a caregiver contract not set up to pay you for your services?

Talk to your local Area Agency On Aging to see if there Medicaid waiver programs that will fund a daycare program for mom. At least in some states, there is no lookback for those programs, what state are you in?

What is a Medicaid waiver that gets around the 5 year loopback. My elder care attorney said there is no way around the loopback. Wait 3 years before...but she does not have enough income to cover the cost of the ALF without Medicaid. The funds were gifted to me in exchange for me taking care of her, as HCS DPOA and I have hired a few nurses to help me with the money she gave me. But now I am disabled and so I have a problem too.

Who were they gifted to? It seems to me that that person should be part of the conversation. They should either be providing care or funds to pay for care until mom is past the penalty period. I would also be talking to an elder care at ornery so that there is understanding about how best to proceed by all parties.

Sometimes there are Medicaid waiver programs that don't require lookback.