We are going to have to apply for Medicaid for my 90-year-old mother within the next 6 months. I have a 50-year-old joint savings account with my mother. The money in it belongs to me (not that it's much). She has not used the account in over 40 years. I was told since her name is on it, it will be considered an asset and I cannot touch it or close it now or it will jeopardize her eligiblity under the 5-year look-back period. I have lived with her for 1 year as her full-time caretaker and was hoping to stay here as I believe I can stay here until she passes and then Medicaid will execute the lien on the house. My brother wants to sell her condo before we apply for Medicaid to recoup money he loaned her over the past 4-5 years (for medical and living expenses) and then use what's left to pay for private nursing home care. He is the executor, but there was never a document stating he was a caregiver etc... He has his own documentation. Will that jeopordize the Medicaid process when they do the 5-year look-back?
You need to consult an Elder Law Attorney. He/she will be able to tell you whether you can stay at the condo or not. If any of your Mom's property is sold, the proceeds MUST be used to pay for her medical care, nursing home care, or living expenses.
If your brother sells your Mom's condo (to recoup money he loaned her over the past 4-5 years) before your Mom applies for Medicaid, it WILL EFFECT your Mom's eligibility for Medicaid. PLUS your brother may have to GIVE THE "RECOUP MONEY" BACK to your Mom so that it can be used for her medical and living expenses PRIOR to Medicaid paying for anything.
Don’t put anymore of your money in the bank account. Hopefully you can show that only your money has been deposited into the account in the past. Was your mom’s social security deposited in her own separate account?
Executors don’t come into play until your mom is deceased and her will is probated. Does anyone have her POA?
Can you afford to pay the taxes and insurance and utilities after mom goes into care from your own funds?
See a certified elder attorney to protect your mom and yourself and brothers investment.
The house, will have to sell for Market Value and no guarantee Medicaid will allow him to recoup what he paid out. Hope he kept very good records just in case.
If you hire a lawyer, Medicaid will allow u to use Moms money.