What's the difference? My 80 year old dad, back in June started out his head they took hospital it was his heart. But even now we can talk to him and he's making sense, then next he starts talking about people and places from his past. Because of his long stay in rehab, we tried to bring him home. Well it was a mistake to bring him home. My brother tried to take care of him but my dad wouldn't stand and was incontinent all the time. He was pushing on brother, he was more confused then he was at the hospital. He was mostly so angry. We had to send him to a nursing home. They are trying to get a waver for Medicaid. They want so much information and some of it is hard find. In the mean time they are taking all Dad's social security except for what health insurance he has. I'm afraid they will take his house he shares with my 2 brothers who are living on Social Security. My older brother and my parents bought that house together so brother's name is on the deed. My brothers really need that house. The other problem is I'm sure if my brother's can pay the household bills they are each paying one bill dad was paying the rest but now with my dad in the nursing home my brother will need help with the household bills.
If brothers are on SSD and disabled, tell Medicaid they should be allowed to live in the house. They will have to keep it up and pay taxes. Tell them about coownership.
If you look at it from a business point of view, the brother who's name is on the house owns 50% of the house, and your dad owns 50%. In my state, Medicaid can put a lien on the 50% that dad owns, but the lien has a time limit so as long as you keep the house for xx yrs there is nothing Medcaid can do!
Example: If I own 50% of my house and my mother own 50% and she gets Medcaid. Medcaid puts a lien out on the 50% that my mother owns for 5 yrs. And I keep and live in the house for the full 5 yrs Medcaid than calls it "a wash". In other words, the lien goes away. Which in turn I can sell the house in 5 yrs & 1 day and Medcaid can't do anything. This is in my state.
If I was you I would talk to Elderly lawyer to find out what Medicaid rules are in your state. It probably won't cost you that much.
You will have to work out a budget with your brothers to see what they can afford. Plus, figure out who is going to pay what bills. You don't know who can afford what until you do the math!
Once you figure out Medicaid and your brothers budget, plus who is going to pay what bills, than type up a contract, I know this seems a bit much, but trust me--someone somewhere will stop paying a bill or say that some bill wasn't theirs to pay. This way it is all in writing & they sign and date it so there will be no confussion. Give each of them a copy. Writing up a contract sounds hard, but it's not. Make it simple and easy to understand.
I write up contracts all the time when someone is doing something for me or me doing something for someone, basically for any & all transactions!
Good Luck!