Mom had this done 10 years ago to protect her home. My Mom moved in with us in August due to a fall. She did not want to move in but had to move in. She has no balance and is a high fall risk. Her neuro psych evaluation revealed no abnormal dementia. YAY! She is not emotionally ready to do anything with her home so it is sitting their like a museum. Same thing with her car...she continues to think she is going to drive. So we pay for insurance on the car. So much could be done with the funds to better serve her. She is trying desperately to “hang on to her old life” and I understand. I don't want to do anything to cause any harm to her emotionally. Her income is around 1450 a month and we continue to pay all the costs of maintaining an empty house and unused car, which does not leave much left over to help with home care to relieve me and relieve her from me. And all of you know, as full time caregivers, we need that relieve. I get relief when I run errands like picking up prescriptions and grocery shopping close to home, she still wants to know where I am going and when I will be back. If I’m not back in a few hours, she is calling me wanting to know where I am. “I thought you’d be back by know” is what I’m greeted with. This creates so much more pressure on me during my “relief errands”. I am her only child and it’s all on me. It doesn’t matter that I’m nearly 63...I’m still her “child”. LOL! I have adjusted, finally, to my new reality. I am wondering if her irrevocable trust, that has been in place for 10 years, will prevent her from losing her home and car if we try to get her qualified for the pay back program with Medicaid. Can’t find anything on the Medicaid website that pertains to this. I am looking for an elder law attorney and will check with them when we have the funds to do that. In the meantime, I am curious to know if anyone else has had a similar experience? Any thoughts are welcome! Thanking you in advance!

My In Laws have an irrevocable trust - but that means they cannot access the funds from selling their home - the trust owns the home. But they are responsible for all expenses related to the home - taxes, insurance, upkeep. They are now seeing the downside as they do not have the funds to pay for expensive in-home care or for expensive AL - which they could have had they kept the home and sold it.

Use an elder care attorney. My INLAWS went to an attorney but not one skilled in long term planning and did not understand the downside to their decision.
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Reply to Kimber166

This all depends on who the beneficiaries are. Usually, the trust is set up so that the person who set it up is name the sole beneficiary while living, and directs the trustees to handle the trust in this manner, then after disburse the trust according to the trust documents.

so..if the house and car are sold, the money is place in the trust it is used for Mom's benefit first.

get a hold of the trust documents and find out who the trustee is, and begin the process to liquidate the assets of the trust to provide for mom's care
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Reply to Katiekate

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