If my mom gives each of her 3 children $13,000 and ends up needing nursing home care within 5 years and two of the children have the money but the third doesn't, can the state go after the other two?

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I need help. Two children have the money to return to the state but the third does not, can the state go after the other two to make up the difference? Thank you so much.

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It goes something like this. If nursing home costs are say 7K per month. If she is disqualified by 13K then her admission to a NH would be delayed by 2 months. Someone would have to take care of her for that period
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Thank you so much for your help. I will be contacting an atty. who specializes in this immediately.
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From an answer here on Aging Care:

K. Gabriel Heiser 421 HELPFUL ANSWERS
Attorney, author, Medicaid asset protection planning
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7 years ago
There are two rules that affect the answer to your situation: First, if you care for your mother for the two years prior to her entering a nursing home such that your care enables her to delay going into a nursing home, then she can transfer her joint interest to you (by deed) after she is in the nursing home without penalty. That, of course, would protect it forever from any Medicaid claims by the state for your mother's care.

Secondly, remember that during your mother's life her primary residence will be exempt for Medicaid eligibility purposes but the state could possibly come after her joint interest upon her death, up to the amount of care it provided for her. However, many states will not go after a joint interest that passes by "right of survivorship" to you (this would be spelled out in the deed). If you live in one of these states--and the deed is worded correctly--then the house will be protected following your mother's death, even if still partially in her name.
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The home would be child caregiver's if he provided medically necessary care for a period of two years, in some states. But that did especially not mean that Medicaid will not file liens on the house to be recovered when bro is no longer there. Those rules may also be effected if bro owns his own home.

Like others have said you NEED an elder law attorney on mom's state to help you understand state specific regulations.

If bro is medically necessary caregiver, also talk to attorney about a care agreement to pay him. If that payment is planned to be the house, it won't really be his if mom needs Medicaid at any point in this journey. It would belong to Medicaid by virtue of liens through the MERP program

Not a do it yourself project. Get an elder law attorney, NAELA certified.

And that two year rule only applies if she is admitted to a nursing home assisted living or memory care do not qualify at least in my state.
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As we've advised, you need a certified Eldercare attorney who understands Medicaid law. The accountant has skimmed the page; you want someone who has actually read the material and mastered it.
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The accountant is incorrect. Hire an attorney for legal questions.
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We intend to use her assets for her care to keep her in her home for as long as possible. Her income since my Dad passed is less than 22,000 a year and my brother lives in the home with her. Our accountant told us that if we could prove we kept mom out of convalescent care for 5 years they could not touch her home. Just need to know what is required for that as proof.
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I agree with Jeanne. If you are mom's conservator, it is imperative that you get a qualified, NAELA attorney to give advice on the management of mom's assets NOW!

Medicaid is a program that pays the medical costs of folks who are poor.  If mom spends her money, both assets and income, on her own care until she is under 2K in assets and less than 2k per month in income, Medicaid comes into play.  Not when she still has the means to pay for care.

My mom's NH costs were 12K per month, private pay.  She was there for nearly 4 years. Prior to that she was in an Independent Living facility at 5k per month for about 18 months.
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If your mother has enough money to pay for her own care, then there won't be any penalty period involved because the application won't get that far. She will be way above the maximum asset level. If she tries to get below that maxium by giving her money away (to children or anyone else), she won't be eligible for Medicaid assistance until a penalty period is up.

The best way to approach this is to consult an attorney who specializes in Elder Law.
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If mom “has a sizable estate”,she won’t be eligible for Medicaid.
Medicaid is a verifiable “at need” program & really they will basically have to be impoverished to ever qualify. Under 2k in nonexempt assets and within whatever your state has set for monthly income (most under $2100). Homestead is exempt asset if under Medicaid value limits but she will have no-nada-none $ to ever pay on any property costs.

If mom does have a sizable estate, mom needs to pay for an NAELA level elder law atty to review her situation. & asap.
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