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My dad has been in a nursing home for 3 months now on Medicare. He is paying $585 per month. I was living with him in his home. He no longer can afford to pay the bills at home and stay in the NH. I am his child and handicapped. Completely dependent on a wheel chair. He will need to apply for Medicaid soon. We live in NYS. I was told the only way they would not put a lien on his home is if a child was living in the home who was handicapped. Does this mean a child under 18? Because I am 53 and very worried about them taking our family home.

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Thanks for all the replies. I spoke to legal aid and was given some advise. I went to the nursing home and spoke with dad and the financial advisor who is helping him apply for Medicaid. She said all I need is a letter from my doctor saying I have lived in the home for two years, the letter must include the date I moved in and that I was living there and trying to keep him out of a nursing home. I have an appt today. I will update my post and tell how it went. Also the $585 a month is part of Medicare spend down. Right now he is not permanent resident. What happened was I was stricken I'll and was in the hospital for 67 days he needed to go to the nursing home because I couldn't care for him then I was transferred to the same nursing home for rehab. He actually likes being there. He has severe COPD and some other issues.
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Social workers at the NH will be able to give you guidance.
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The $585 surprises me. Medicare pays the first 20days in full. 21 to 100 days is 50% of the cost plus what a supplimental will cover. With my Mom in rehab/nursing facility her cost was $152 a day. I will assume that Dad has Medicaid with Medicare.
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The $585 surprises me. Medicare pays the first 20days in full. 21 to 100 days is 50% of the cost plus what a supplimental will cover. With my Mom in rehab/nursing facility her cost was $152 a day. I will assume that Dad has Medicaid with Medicare.
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First, if Dad will need medicaid he will not be able to turn house over to her if within the five years. Under Medicaid she will probably be allowed to stay in the house but will havevto keep up taxes and bills. Upon fathers death, Medicaid will putva lean on the property. She may still be able to live there but if the house is sold, the lean will be satisfied first.
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I think dgottobed means that Medicare is currently paying for dad's stay in the SNF (up to 100 days) and that he will have to spend down for Medicaid to continue to stay.
I don't know if Medicare pays ALL of the SNF cost for 100 days or if there's a co-pay. That might be what the $585 is. Or maybe there are some 'extras' on his day rate at the SNF.
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You really need to speak to an attorney. Dad is paying the bills at the home you live in..and for his own care in a NH?

If you bring him home, are you capable of caring for him, and yourself? Just a concern.
$585 a month?? Where in the world is he staying? We can't find a decent place for mother that's under $5K!
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Is there any particular reason why your dad needs to be in the NH for any longer? If not, I would just discharge him and bring him home. I would instead go for home healthcare if he's well enough to be able to be brought home. If this is possible, and he happens to be competent, you and him should set up future plans for the home to protect it and this would include speaking with a lawyer who handles these types of matters. It would have to be strictly his choice so you don't look like you're taking advantage or coercing him. If he allows, just discuss it with him casually and let him choose
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Meaning that you need to put your name in your dad's property. Did you have a Special Needs Trust funds set up by your father and an elder lawyer?? That is what I have for the near future to keep it safe if something happens to my dad. I have moderate to severe cerebral palsy, and I am 50.
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As far as I understand a "lien" can be put on anything by anyone. There are mechanics liens, builders can put a lien on a house....
The only time a lien would be paid is when the item is sold. It does not mean that they would come in an take the property.
This is something that you need to discuss with a lawyer. One that handles Elder Law would be best but if there is not one near one that successfully handles Medicaid applications would be wise.
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I agree Igloo572, but Degottobed also needs to check the state's guidelines & laws to be diligent regarding the type of disability & finances being addressed, not all states follow the same guidelines regarding descriptions of some handicaps combined with finances... & asking an atty who specializes in this particular issue is strongly encouraged! Good luck degottobed!
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Your a disabled & probably also low income heir, so should get an exemption for any estate recovery against dads estate by Medicaid after dad dies. Bigger issue to me is your having $ to continue living in the house now.

Are you considered a legal dependent of dads? Adult special needs children can be a dependent. If so, and you need dads monthly income to continue paying household expenses, it should be excluded from his monthly payment to the NH. Is this being done? If not it needs to happen. It's an elder law atty project to deal with.
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$585 per month!!!?? I wish I could get one for double that. I don't really know but I would not count on getting the home. Unless it was put into a trust over 5 years ago.
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