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What can the hospitals lawyer do to my mom, what can I do to help her and who is legally responsible to pay for this? Can she be forced to leave the hospital? Her medicaid should be approved in a few weeks. Her house has been in a life estate for almost 7 yrs.

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Good answer Glad, but Life Estates are often written that neither party can take out a loan. We rented out Mom's house to help pay for her care. Having the Rental plus the SS check and VA Aid and Attendance opens a LOT more doors than simply Medicaid alone.
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Pam, I know you are so right! It is another battle that I try to get twisted sis POA to understand. But she does not seem to be able to rationalize anything!
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If mom is Medicaid pending, why can't she go to a nursing home you DO approve of? What is your plan for her care after she is discharged?
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Gina, when a patient is on Medicaid, you have almost no choices for a Nursing Home. I am in NY, and NY now goes after life estates. Ask your lawyer. At age 86, mom would be entitled to about one third of the proceeds from the sale of the house. It would be a real surprise if the Medicaid application only takes a few weeks. Who is responsible? the POA, but the Judge will remove the POA and make Mom a Ward of the State. You need an attorney ASAP.
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And a good medicaid planning attorney! Medicaid here can happen quite quickly in case of emergency and be made retoactive. Happened with a friend of mine that was hospitalized on August 25, then a few days later Medicaid came in and made effective August 1.

Use some home value so you have more choice in nursing homes. Take out a home equity line of credit if necessary. In this area we have some facilities that are quite nice and will process the Medicaid application after a self pay period of two years. Against the law, yes. But this is probably the only way for there to be nice Medicaid facilities.
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Great solution Pam, if life estate does not permit a loan. Who in their right mind would sell a property when there is the potential for rental income from it? Only option is home is sold is to spend down all assets on care, with the chance of nothing remaining to pay for necessary care, leaving Medicaid as only option.
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Glad: If a two family house is worth $130K on the market, but you can rent the flats for $650 each, you get $1300 which works out to 1% per month or 12% per year. That is a LOT more than you will get from a bank! Medicaid will not force the sale of a property as long as it returns 6% per year and the proceeds pay for mom's care.
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