Follow
Share

She's 90, starting Damenica. Has no assets. She lives in a house that belongs to my Brother and myself. When our parents divorced 58 years ago it was put in a trust for us as part of the divorce. Is this something she should.do? Will she have to pay taxes?Is our interest in the house threatened. And lastly Should I pay for Elderly Attorney to oversee this.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
That's what makes it all so difficult - every state is different when it comes to Medicaid. Jeannegibbs lives in a state where they take very good care of their elders. Not all states are so inclined. I hope, Suegirl, that your state is generous in this way.
Take care,
Carol
Helpful Answer (0)
Report

Suegirl, you'll need to check the practices in your state. Here Medicaid covers dental and also hearing aids.
Helpful Answer (1)
Report

Will Passport pay for Mom new dentures. She's had tops since 18 ! Bottoms 20 years. She can't eat normal food.
Helpful Answer (0)
Report

Depends on how trust is written.If it is her trust regardless of who trustee or beneficiary is - Medicaid could probably come after it.
If trust owns home (which it should) - then if Mom is just trustee (or co-trustee w/you and brother) and it was written given you and brother ownership of trust assets with Mom having life estate - then probably Medicaid could not attach.
You are right to seek advice from estate lawyer with experience in trusts.
They can look at your documents and you will be clear on where you stand.
Helpful Answer (1)
Report

As to whether your interest in the home is effected, I'd say, in high likelihood it is. Depends what kind of trust was set up many years ago. If it's like mom's "trust," mom is the owner of the home (in a trust), and I am the contingent beneficiary of the trust when she dies. If that's the kind of trust your mom has, Medicaid will get the proceeds from the house sale because, in reality, your mom owns the house. They will put a lien on it and force the sale.

Take the trust document to an elder law attorney. That's where the real answer lies.
Helpful Answer (1)
Report

I agree with JeanneGibbs. Great answer, as always!

Jeanne, your home state of Minnesota is number on is caring for its seniors (Forbes, USA Today). They also are, I believe, number three of productive use of health dollars.

I'm not putting this in here to detract from your spot on answer for Suegirl - just wanted to congratulate your state.

Carol
Helpful Answer (0)
Report

I called My Mom and she said," everything you told us was exactly what the representive had to say. She disagreed about needing an Attorney, but for my part I would feel better consulting with one.
Helpful Answer (1)
Report

It sounds like Passport is just what Ohio called their in-home Medicaid program. In Minnesota, for example, it is called Elderly Waiver. It is an awesome alternative to going into a nursing home. Mom will be evaluated to see how much and what kind of in-home help she needs. This can include things like housekeeping, laundry, nursing services, a personal care attendant, etc. Here is also pays for incontinence supplies, some modifications of the home (such as installing grab bars and similar expenses). Here it pays for adult day care centers if that is suitable for the person. Considering that she has dementia it is pretty much a certainty that she will need increasing levels of care. Passport will probably not pay for 24/7 home care, because at that point it is more economical to pay for nursing home care. If she reaches that point then the regular Medicaid program will kick in.

I can think of no reasons not to have Mom sign up. After a Medicaid recipient dies the state attempts to be reimbursed for some of their expenses. This is through the sale of a home, if the recipient owned one. I think it would be a good idea to consult an Elder Law attorney to understand the status of the trust and any impact Medicaid/Passport would have on that.
Helpful Answer (4)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter