Can the nursing home kick mom out because I can't pay?


My father died 13 years ago and I've assisted mom since. She currently lives in a nursing home in Louisiana. Mom had her attorney draw up a document that stated she was repaying me money for all the financial assistance I'd provided over the last 3 years. The money was proceeds from the sale of a home.
According to Louisiana Medicaid it's a transfer with no fair market value. I've used the money to continue paying for mom's care and there's not much left. Now the state says that I am responsible for paying $4000.00 a month to the nursing home since October of 2016 through the first of May 2017. I am unemployed and bankrupt. My siblings aren't in a position to pay it either. What can I do? I really feel like someone should have explained that I had to have a written notarized agreement before mom moved in with me or before I ever started helping her. Who knew? I'm about to go nuts with worry for mom.

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Unemployed and bankrupt. Well, they can't get blood out of a turnip, can they? Doesn't mean they won't try.

I'll bet Mom's lawyer was not an Elder Law specialist. Those attorneys would have known how to write up the agreement to meet Medicaid standards, or warned Mom not to do this.

You might consider consulting an Elder Law attorney now, for advice on how to get out of this mess. It will cost -- but not $40,000!

As you struggle through this, please keep us updated. We learn from each other.
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Gee Pam, I think she has already done the math. She says she spent the money on care for her mother and is unemployed and bankrupt, your advice is not helpful.
Spsharkey, sorry I don't have anything helpful to offer, but if I were you I would try to get copies of my bank and credit card records and scour them for whatever receipts I could find, even if you can't find them all some would be better than none.
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Louisiana is a filial responsibility state. So if LA Medicaid says it is a gift with no contract or evidence to support you calling it a repayment, they impose a penalty. Average cost of a nursing home there is $5000 a month multiplied by 7 months=$40,000. So if you got that from her, pay it back. If you do not pay it back, the nursing home will sue you and win unless you have proof, hard proof, bank records and receipts that you actually spent the money on her.
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