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I wonder if she herself might be able to do a TOD through a lawyer or maybe even sell the house? If she's elderly I seriously doubt they're going to just put her on the street with nowhere to go. As for being able to repay the Medicaid penalty, I don't know but I'd immediately see an elder care lawyer who can help you. It may be that there are options you may not have known about and you may even see if bankruptcy chapter 7 is right for you. You may actually be able to protect the house through bankruptcy especially if all of the money your mom gave you all is gone and you all are broke. Medicaid may actually try to lien the house, so be very careful especially when your mom dies. My bio dad with Alzheimer's had a TOD set up for his house and no one could touch it. Definitely check around to see if some lawyer can help you starting with an eldercare lawyer and anyone else who may handle Medicaid issues. Call your state bar association, they can put you in touch with any lawyers who may be able to help you
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Here’s an idea. Sell your house. Move into your mothers house. Work out a deal with your brother that you will pay him so much each month buying his half of the house until paid. When your mother passes. Because you’re buying your brothers half The house will go to you.
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Get in touch with an Elder Law attorney. Her financial condition needs to be reviewed by one as to the best approach for her future. Any good one can review your mom’s problem in one hour or less and tell you what to do. Most will charge you $125 to $150.

Advice here is well meaning but not all the time correct. Without the full picture no one can advise you.

However here is what I’ve observed with my Mom:

Hospitals look at it as “OK, we have treated her and taken care of whatever she came into the hospital for… so our obligation is finished. It’s the patient’s and or families problem now.”

They tried this with my Mom who is 94. She was weak and could no longer walk (in a wheelchair) so I asked them to have her evaluated for mobility and strength by Physical and Occupational Therapy (This also added three more days to her hospital stay). My argument was she could not go to home as she is now weakned for where she was prior to her injury and needed therapy to build her strength back up.

I told mom not to sign ANYTHING without me approving it and refuse discharge. However, It didn’t come to that, they evaluated her and agreed to transfer her to a Rehab Hospital. Medicare will pay for up to 100 days care (We are in California). Unfortunately for various medical reasons mom ended up using all 100 days. The Rehab Hospital also tried to discharge her and we politely refused to accept the discharge and applied for and got her on MedCal ( state assistance). She spent all almost a year there.

Do not let them discharge her. Most will try to get the family to commit to take care of her. This is not something you should jump into lightly. Have her refuse to be discharged do not allow the hospitals ‘so called’ social services talk you into discharge without confirmation that she is going to a rehabilitation hospital …or a place of need for her condition and where the money is or will be coming from.

Her financial problem is not their problem until you make theirs. They will try to put the burden on the family . However, if the family is like yours and cannot afford it financially and emotionally, there are other options. Remember, these ‘in the hospital social people’ work for the hospital and the hospital’s best interest. Your county social services may need to get into the loop too.

BUT BEFORE YOU DO ANYTHING SEE AND ELDER LAW ATTORNEY!
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The five year look-back is based on financial indicators, but is not a literal financial penalty. No one has to "pay it back." Also, what I've been told is that at least in my state, the Medicaid financial evaluators look mostly at intent. If it's clear that your mom wasn't just trying to hide assets from the five year look-back to qualify for Medicaid, you should be okay. Please try to find free legal help in your state, or if you can afford any of a lawyer's time, pay for legal help. Even an hour's worth of time would probably be worth it. You need advice from an elder care attorney asap. Best of luck.
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We refused to pick up parents from hospital - they were forced into nursing home. Once there if they want their money they will find a way to get them on Medicaid.
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Needing nursing home care is a far cry from needing hospice care. That's a terrible suggestion, using hospice to solve a financial problem when someone isn't even near death. This just proves, though, that in some cases, financial considerations will bear on end of life decisions.
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I don't see why you can't sell the house if you all agree to it, including your mother. Her life estate has a dollar value, which I assume would need to be contributed for her care if it exceeds to dollar limit of what she can keep under Medicaid. This means that you and your brother would have to make up the dollar value of the CDs you received from your shares of the house proceeds. You should consult a lawyer, but I see no reason why this would not work.
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Why not have Mom just sell the house now since neither you nor your brother are interested in living in the house. If qualified she gets 20 days on Medicare in a rehab facility after that you might want to consider looking into a reverse mortgage but you will have to speak with them regarding possible future Medicaid rules. Between her social security and her reverse mortgage income she can get in home care . Are you and your brother in the same area as your mother ? You could get somebody in after she gets out of rehab for a couple of days a week and you and your brother hopefully can fill in the gaps.
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I believe she will be disqualified from Medicaid for only the amount of time it takes to "use up" the money she gifted. If it was only the $5000 each to two of you, that's maybe 1 1/2 months of nursing home care.
If neither of you can care for her in your home, perhaps you can borrow against the home she gave to you.
See an attorney who specializes in ELDER LAW and/or Medicaid. The specialty is important. They should talk to you for free and tell you what can be done.
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If Medicaid refuses to qualify Mom until the look back is paid, there isn't much you can do.

The penality is money, not time. So, moving her into your homes will not satisfy the lookback....until 5 years have passed. Then those gifts will no longer count.

Or..each of you equally take out personal loans to pay the nursing home until the same amount of money has been used for her NH care.
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Cetude, hospice does not cover the room and board at facility, which Medicaid would be needed for. And hospice is not 24/7 caregivers.
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Have you explored hospice options? That is paid for by Medicare and not Medicaid. IF the facility is Medicare approved, hospice care may include "full code" status with the understanding the condition is chronic and untreatable, but is palliative care. Speak to social worker about these options. My understanding of paying back Medicaid is not being able to receive care for a certain period of months and is not paying them actual monies-- see this link to help explain. https://www.payingforseniorcare.com/medicaid/look-back-period.html
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Talk to the discharge planners at the hospital. Will your mom qualify for rehab after her hospitalization? Medicare will pay for rehab after a 3 day qualifying hospital stay. She can get 20 days of rehab paid in full if she is making progress.

I seem to recall that there are hardship provisions that can be claimed in a Medicaid application. The NH business office may be able to assist you, or you may need to seek out an eldercare attorney who deals with Medicaid applications.
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