Can we protect the home if mom enters a nursing home?


My mom did a quick claim deed for our home 2 yrs ago. We live in a duplex, but I moved in w/ mom 2011 when dad passed. At this point she is not safe in the things and dementia getting very bad. Can she enter a nursing home without them attaching the home as I need to have a home. She has Medicare and medex and lives in Mass. It was brought to my attention of caregiver exemption. I don't work as I am on disability....thank you for any help...

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they can do a 5-year look back. You can still stay in your home. However, when she dies or you sell the house, they will collect than.
I hope this is helpful.
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Reply to BarbaraR2018

Also in all likelihood the QCD she did 2 years ago will pose issues for her Medicaid application. I’m guessing she transferred property owned outright to you via the QCD for $zero? Thats it, right?

By doing this she gifted to you whatever the tax assessor value is on the house which will surface once she applies for Medicaid. The QCD - if filed at courthouse- is an existing legal change of ownership.

If house is assessed 100k and your states Medicaid room&board reimbursement is $ 170 day, that gift will place a 588 day penalty on mom’s Medicaid eligibility. 588 days basically that Medicaid will not pay for her LTC. She did it before establishing an ok for Medicaid exemption or exclusion. She did it before application filed. Imo it’ll be looked at as done for Medicaid asset avoidance. I’m guessing you all did this without consulting an elder law atty but instead pulled document off the web, did signatures, notarized & filed at courthouse..... her attorney is gonna have to clean this hot mess up for mom....not a DIY.

Please, please find an atty & make an appointment this month
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Reply to igloo572

There are several different exemptions and exclusions to Estate Recovery. The caregiver for 2 years exemption is one. Just what others exist will depend on just how your state administers it’s Medicaid program and is interdependent on your state laws for property and probate. Some states do not place a lien in perpetuity on the property while other states do. An elder law attorney in your state should know the specifics & why you should meet with one.

Disabled heir can be an exemption in & of itself.

But what is often overlooked for family / heirs when their widow or widower elder wants to continue to keep their homestead as an allowed exempt asset for Medicaid, is that once elder applies for Medicaid almost all their monthly income MUST be paid to the NH as the required copay or SOC (share of cost). So there will be no-none-nada of mom’s $ to pay property costs. If you totally on your own cannot pay all property costs in addition to all your living costs, getting an exemption doesn’t matter. If this is the situation you’re likely to find yourself in, you really need to work with an atty to see if your state allows for your exemption to be done in tandem with your elders LTC Medicaid application. So you can own property outright or as within a special needs trust (so your own financial status isn’t affected to get your benefits) so at least you can sell it if need be after mom clears Medicaid eligibility. It’s not simple, not a DIY.

property taxes must be paid, otherwise assessor will put it up for tax sale and someone will acquire it via tax sale redemption/ deed. If mom’s SS has been keeping the household afloat, once she goes into a NH it will place you in a financial crisis. Speak with atty ahead of ever doing Medicaid application to see what options may be possible.

Exemptions and exclusions sound all fabulous, but you as DPOA or heir, have to be able to afford all property costs from day 1 of medicaid & till whenever property can clear any possible Medicaid recovery issues or probate. If that flat isn’t ever happening, perhaps mom can sell house now & before ever applying for Medicaid and she places proceeds into a Medicaid compliant special needs trust for you. It’s something to speak clearly about with her attorney.
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Reply to igloo572

If you are disabled then you will need to prove it to Medicaid. I think u will be allowed to live in the home as long as u pay bills. When Mom passes you will probably be allowed to stay in the house but if u sell, the Medicaid lean will need to be satisfied. Medicaid lean will be done at time of Moms passing.
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Reply to JoAnn29

There is definitely a way for a child who has acted as a caretaker (for at least two years) to keep their parents' home. The home can be given to the child by the parent before the application is filed and won't be subject to the 5 year "look back" period.
There are other steps you might want to take before your mother files the application for Medicaid. You need a lawyer to explain the rules to you. Every state is slightly different.
Under some circumstances, even when the parent on Medicaid dies with a home that is still in their name, the house might be eligible for an exemption when Medicaid tries to recover their expenses. You really need a lawyer to explain the rules to you. This is best done before you file an application for Medicaid.
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Reply to Marcia7321