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My grandmother has been getting better in a way mentally but physically she can not walk well anymore without falling. She fell 3 times at the hospital and wants an attorney to change her assets to me and to prevent the doctor to send her to a nursing home even for 3 months. I still haven't be able to get on my own since I've been waiting and wanting to know where exactly to start even though the one thing that is important is knowing what is exactly wrong. She is sharp at mind but has her times where she thinks this is that or think there is something there when its not. If the she is placed into a nursing home apparently all of her assets are now the state but she wants to sign most of her assets over to me. Can it be done since she isn't in a nursing home and I am her poa? Can the attorney also prevent them from sending into a nursing home even though she really can not live on her own seeing how she isn't mobile on her own. Thanks.

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Thanks jeanne, we used her house money for her caretaking and supplies as needed, and its gone now regardless. Her irrevocable trust hadnt hit the 5 year mark when she became unable to live alone anymore unfotunately. I now think its better this way because the siblings wont help with the care, so why should they have gotten an inheritence anyway? Moms not on medicaid as she is over the limit by less than $100 a month so we use her ss and a&a for what we can, home-help, diapers, and chux, pads, but we still pay a lot out of pocket for food, etc, and I had to leave my job of 18 years, but its my Mom and family comes first. Thanks
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Reverseroles, I think what is different for lilyrae is that she has been living in the house taking care of her grandmother. That falls under one of the exceptions for recovery. Each case is a little different, which is why it is best to see an elder law attorney about the particular circumstances.
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Hummm I did read it and it says they do come after the money as my lawyer said so I guess we did the right thing. The house would have had to be in a Trust for 5 years in order to not have them recover their money is how I was told.
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Reverseroles, were you dealing with an Elder Law specialist? I'd really be interested in what your lawyer's specialty was/is.

Sometimes it may be best to sell the house. Did a grandchild or child live in it at least two years as a caregiver? Was someone willing to take over the expenses (insurance, taxes, maintenance, etc?) because Mom would not be able to pay those from the nursing home. Igloo has posted about this extensively. Perhaps you can find some of her posts.

Here is an explanation of the MERP provisions: http://aspe.hhs.gov/daltcp/reports/estaterec.htm
And here is an article right on this site:
https://www.agingcare.com/articles/medicaid-repayment-of-nursing-home-estate-recovery-150497.htm
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Well at this point I am waiting on the doctors to give her a cognitive test since is demanding one. She seems sound yet she confusing the events that she imagined from her chemicals being off to actually events. So she wants to take the test to prove that she is sound now and to make the choices she can to help me with some things. I talked to a Lawyer and she thinks it is best for her to take the test and then go from the results. If she passes she can make decisions such as living at home or any where else and change important assets like her home and what have you. I will keep everyone up to date with her progress. Thanks for the helps hugs and prayers. I do hope she passes seeing she is sounding much better and looks much better as well. I just hope she just mixing up things she imagined when she was on too much medicine. Other than that the nurse says she's with it but to make sure she will let the doctor know that both of us want the test done. Even though some people tell me it is no use. Until then I just hope and pray. Thanks again!
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I sure wish I knew that, where did you hear that because that wasnt true in our case . Can you please send me that info so I can share it with my lawyer who made us sell Mom's house for her care. Thanks.
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Reverseroles, the house is exempt as an asset while grandma is living. Since Lilyraw has been taking care of her grandmother and living in the house for more than two years, grandma can give or will her the house and it will be exempt from Medicaid recovery. That is true in all states.
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Lillyrae, usually medicare pays 100 days of nursing home care after a hospital visit (3 months), and then its a rehab or home. I am shocked if she can save her house, you must live in a good State! Be careful, they may tell you they can keep their home but they put a lein on it and when your grandmother passes they take their share. Make sure you ask that okay. There is a 5 year look back so even if she put her assetts into an irrevocable trust you have to wait 5 years to save the house usually. You can get a reverse mortgage or sell the house for her at-home care which is one on one care instead of a nursing home. Good Luck to you!
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Glad to hear it!!
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I just called the attorney and they are willing to help since I've been taking care of her not all of her assets will be saved but two major ones will be the house and car. Until I'll know exactly what else is going on I'll update this. Thanks for all your advice and being patient with me. This is really something new to me but I hope it will work out.
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If you are certain that things are what you think they are with her mental state and your involvement in her future is concrete, make sure you execute a DURABLE power of attorney. If at any time any one comes across your grandmother and feels that her needs are not being met, all it takes is a phone call to the state's Department of Protective Services before they can swoop in and revoke your POA (unbeknownst to you) and at the same time have the probate court assign a conservator to the estate of your grandmother (even though she is still alive, as soon as the probate court gets involved she becomes an estate).

I would definitely recommend seeking out an attorney well versed in elder law and probate issues.

good luck ...
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I will call today about what advice they can give me for her assets if the doctors at the nursing home feels that she isn't capable to take care of herself without assistance. The nurse feels that she should go just to see how things waver out and until then if they feel she really needs to live there then thats where the paper work begins after medicare stops paying. Thanks I'll sure to call to see what advice they can give me.
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She's in the hospital and the doctor wants to send her to rehab to make sure she is well and strong before she goes home. That is usually a very good idea. Being in the hospital takes a lot out of seniors and they need to recover from being in the hospital! I don't think that the doctor can make her go, with or without a lawyer, but it might be in her best interest to go.

As to giving you some assets, they definitely should be done with legal advice.
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she is currently at the hospital right now.
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You and your grandmother should see an attorney who specializes in elder law. He or she can explain what can be done with assets and how it will affect eligibility for Medicaid. Also you'll get the straight scoop on how much power a doctor does and doesn't have over where a patient lives.

A nursing home for 3 months is more than likely for rehab. If it might help grandma be stronger and steadier it could be worthwhile. I think (but ask) that Medicare covers rehab.

Where is she living now?
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