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In order to spend down before entering nursing home, I want to buy new car, does new car have to be in my brothers name only and not counted as an asset for medcaid. I do have POA for my brother.
Thank you.
Evelyn

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A car is usually viewed as an "exempt asset" for Medicaid. A (one) car and a homestead are both exempt assets, so the Medicaid applicant can have them. Your brother can use his $ to buy a car. You do need to find out if your state has an asset limit on the value of the car. You need to make sure that the Blue Book value is under whatever the amount is.

BUT what will be a problem is his affording the car AFTER he gets in a NH & on Medicaid. Medicaid requires a co-pay or "co-responsibility" of the NH resident's income to be paid to the NH in order for Medicaid to pay the rest. There really won't be any of his $ to pay for anything for the car. THe state does allow them to have a small "personal needs allowance" to keep each month. The PNA amount depends on the state. For example, my mom is in a NH and has both Social Security ($ 800) and federal retirement ($ 1,000). Her PNA is $ 60.00 a month. So every month, she has to pay the NH $ 1,740.00. The $ 60 is really just barely enough for beauty salon @ the NH, clothing replacement & other personal items. There realistically is no $ for her to pay on anything else but her NH needs. If she kept her exempt-asset car (or a home), somebody else would have to pay for all on it (insurance, maintenance, etc.) for as long as she owns the car. If this is not an issue for you financially, then you just continue to pay for all on the car.You kinda have to plan on doing this for the rest of his lifetime otherwise if you sell the car, the proceeds from the sale may increase his assets to the point that he in ineligible for Medicaid till her spends down the car money. Real property ownership - like for homes, land, auto's, etc - are all recorded by the state so a sale or transfer will show up eventually. For a car, you likely will have some issues with insurance as most carriers fully expect the "owner" to be the one driving the car so if there is an accident, or theft, you could find the policy voided. You want to make sure the insurance policy covers both you & your brother.
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I would like to put the car in my brother's name using his money. The car would be used for his transportation to Dr's appointments and other places. When he goes into nursing home , will it be considered an exempt asset? I am not stealing it from him, all I want to do is spend down his money which is legal.
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I am not sure what you are asking. Do you want to use your brother's credit/money to buy a (gift) car for yourself? That doesn't really sound right, unless, of course, you have something in writing from him that he agrees to buying a car for you. Otherwise, I consider it stealing from him.
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