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She's nursing home level of care....30$ month over limit for Medicaid. I'm the only person taking care of her, I can't leave her alone to work

Get mom some dental plan and or insurance policy for burial to equal that 30bucks. Apply for IHSS for mom they will pay you to care for her and if you live together its tax free. If you cant leave her alone is it her medical, does she try to elope Dementia ? Those are important.
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Reply to LoniG1
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You’re better off going to an eldercare attorney and drawing up a rent contract and Mom pay you rent . Claiming Mom as a dependent while collecting money from her for food , her share of utilities etc can be a look back issue when applying Mom for Medicaid . My nephew made that mistake of claiming my sister as a dependent , she lives in his house . He wasn’t taking any money from my sister , but it was still a problem . He has changed that and now collects rent from her , all legal papers drawn up by eldercare attorney . He is saving that money to spend on her for personal items , clothing, haircuts etc when she does go in a nursing home on Medicaid .

There is also something called a care contract where you can get paid from Mom for being her caregiver . Again go to an eldercare attorney .

The eldercare attorney may also , instead , be able to help you with a Medicaid type trust or something so she can qualify for Medicaid and be placed in a facility .

Each state has its own Medicaid rules though .
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Reply to waytomisery
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Clutterbugg: Retain an attorney.
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Reply to Llamalover47
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CPA here. Mom can "help" with expenses of the home and if you are providing for more than half of her support she is your dependent.
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Reply to LakeErie
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JoAnn29 Aug 12, 2025
That has to be proven before you use herbas a dependent. Also should have a contract concerning help with expenses. She needs to be careful how she spends Moms money when Medicaid is so close.
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This is confusing as your profile says she's living in a nursing home,are you thinking about taking her to your place? It just doesn't make sense that she's living there and you're missing work. Why would you want to take her out of the nursing home and claim her as a dependent? This is disturbing.
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Reply to JuliaH
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IMO that $30 over is what she would be getting for her Personal Needs Account anyway. Have you actually applied and been turned down? Next year the income level may increase and Mom will be under the limit.

I would not be paying myself out of Moms money because of payroll taxes, but you could charge her rent. But then, you may not be able to claim head of household which my daughter was able to do as a single mother with a minor child. You may need to talk to a CPA.
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Reply to JoAnn29
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Re Medicaid eligibility.

Miller Trusts, also known as Qualified Income Trusts (QITs), are permitted in a number of states to help individuals qualify for Medicaid when their income exceeds the program's limit.Specifically, 25 states allow Miller Trusts as of the latest information available. These states include Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Nevada, New Jersey, New Mexico, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, and Wyoming. 

On IRS deduction and Head of Household

IRS Publication 501, titled "Dependents, Standard Deduction, and Filing Information," provides comprehensive guidance on claiming dependents, including parents. 
Key takeaways from Publication 501 regarding claiming a parent as a dependent
Parent must be a Qualifying Relative: This means they can't be claimed as a qualifying child by anyone, according to the IRS.
Gross Income Test: Your parent's gross income must be below the annual limit set by the IRS (for 2024 it's $5,050). Certain non-taxable income like Social Security doesn't count towards this limit, unless there's other taxable income that pushes them over the threshold.
Support Test: You must provide more than half of your parent's total financial support for the year. This includes expenses for food, housing, medical care, etc.
Other Requirements: Your parent must be a U.S. citizen, resident alien or national, or a resident of Canada or Mexico. If your parent is married, they cannot file a joint return unless it's only to claim a refund of taxes withheld or estimated taxes paid. You cannot be claimed as a dependent on someone else's tax return. 
Additional considerations
Multiple Support Agreements (Form 2120): If you and other family members jointly support your parent, only one person can claim the parent as a dependent, according to Jackson Hewitt. In this case, a multiple support agreement (Form 2120) may be needed, where other eligible individuals waive their right to claim the parent.
Medical Expense Deduction: Even if you can't claim your parent as a dependent due to the income test, you may still be able to deduct the medical expenses you paid for them if the total exceeds 7.5% of your adjusted gross income, says the IRS.
Head of Household Filing Status: Claiming a parent as a dependent can qualify you for the Head of Household filing status, offering a higher standard deduction. You must be unmarried and pay more than half the cost of maintaining a home that is your parent's main home for the entire tax year, even if they don't live with you. 
For further detailed information and clarification, refer to Publication 501 on the IRS website. 
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Reply to 97yroldmom
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If you are filing taxes trying to claim an elder as a dependent, you should begin with asking the internet "Claiming an elder as a dependent" and should look at the IRS rules and the rules for your own state. Remember, the internet is your friend in these things.
And if you are, then this is a more complicated thing than you should attempt without a CPA I am thinking. Whether or not your mother is your "dependent" now depends upon how much of your OWN money you spend on her support.

Now, as to how your mother can pay you? If she is paying for care, she is unlikely to be anyone's dependent.
As to how she can pay for her care (you or anyone else) that depends on her assets. Her assets include her Social Security payments. She can spend her assets however she pleases but it is crucial, if you are being paid, that you see an elder law attorney WITH MOTHER to set this all up. She must first of all be competent to make this decision, and willing. Secondly the attorney can set up the care contract so that this doesn't seem to be "gifting" from your mom. And so that when/if mom needs governmental assistance she isn't prevented from applying because she "gifted her family" money. It also makes a difference how things are "labeled" in the contract. For instance if you receive rental from mother then that is taxable income YOU must claim on taxes. But if mother pays you "shared living costs" it isn't taxable.

As you can see this is all very complicated.
It shouldn't be attempted without expert advice from an elder law attorney, and without qualifications, intent, contract, etc.

There are all sorts of things involved here. Let us say for instance that her SS is the only asset mom has, and it is coming in monthly. Let's assume that mother is incompetent and cannot make decisions and she is currently living with and being cared for by you. An elder law attorney may be able to help you get letters of incompetency for you, which you would then take to the Social Security office to be made Representative Payee for your mom's SS. You would PERHAPS be able to set up a way that you would manage, then, mom's SS for her care with you, the cost of hiring someone occasionally, the cost of food and shared living expenses, etc out of her SS. Again, meticulous and careful records would be required.

I am no attorney. That's why you need one to supply an hour of time to give you options moving forward. I wish you good luck.
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Reply to AlvaDeer
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Your profile says you’ve become “scared to death of life without my mother” and it sounds like you’re jumping through some high bars not to ever face that day. I’m afraid what you’re not considering is your wellbeing. This is an important time for you to be working, contributing to your financial present and future, plus a mother that needs “nursing home level of care” needs more than one caregiver. To continue to attempt this on your own will cost you not only financially but your own health. Mom absolutely can be qualified for Medicaid, there are ways around the over income situation that a Medicaid planner can help you with. I know this didn’t answer your question but it’s vital that mom’s needs aren’t the only ones considered, if she were healthy and whole she should not want this current life for you. The sad fact is we all lose people we love, living in dread of it only robs us of current happiness and traps us in fear. Consider some counseling if you can’t cope with this reality. And remember, you matter too
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Reply to Daughterof1930
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