I too am confused but then someone mentioned a house. Is this your problem...being able to stay in the house?
A house is an exempt asset when going on Medicaid. When recipient applied, it should have been brought to the caseworkers attention that someone other than Mom resided there. It could be a spouse, family member who cared for the person at least 2 years or a disabled child. These people can continue to live there. At time of the recipients death, the house becomes an asset and again, proof needs to be shown that someone is still living there. At time of death, Medicaid will place a lien on the house. That lien will need to be satisfied at the time person who is allowed to live there dies or leaves the house.
Since Mom is already on Medicaid, I don't see where Medicaid will allow a trust of any kind now. Medicaid has a right to recover what they have put out for Moms care. Other than a house, she should have no other assets but the 2k allowed.
As suggested, you need to talk to an Elder Lawyer well versed in Medicaid. I am to understand that once you are on Medicaid (and 5 yrs before Medicaid) you cannot protect assets from them. But...maybe there is a loophole.
As I understand Medicaid in Ohio, applying for my dad, if there is a house that one spouse or dependent is still living in they can do that and retain cash assets to maintain the home. If the home is sold then part of the value is expected to be used to pay back Medicaid for the spouse/parent using Medicaid funds. Also, if that person moves out of the house/dies/also moves into a facility then the same applies. Once assets are spent down Medicaid kicks in for the second person.
Remember, Medicaid is not a retirement option, it is for people who have minimal assets and income. If you have assets you are expected to use it for expenses. I suggest you talk to a Medicaid case worker before going to the expense of an attorney.
If both of you are on Medicaid for community or facility based care and did applications after age 55; then by doing this, each of you have signed off on those Medicaid program applications AND these all have a requirement for Estate Recovery (MERP) to be attempted on any after death assets. Your mom is on LTC Medicaid as she’s in a MC. I don’t know what a Medicaid/ FE waiver is….. but if it means you are getting services at home or you go to a PACE type of day / health center, those are community based Medicaid and they too have recovery aspect if you did this after age 55. Changes in real property is recorded at the courthouse & it will surface so Medicaid will find out.
You cannot right now go and change the ownership / title on the house without this being an issue for Medicaid. Doing this would be a legal change to an asset that was there when the Medicaid application filed. It would mean you / mom have transferred an asset (the house) and the asset has a value (like the tax assessor value) that will place a Medicaid transfer penalty (based on assessor value) on the property owner on Medicaid so they become ineligible for Medicaid. You do NOT want to go there. Again stuff like this will surface eventually….
if this is all about you have heard that Medicaid will come after moms house after she dies and you will then become homeless, what I would suggest is for your to speak with an attorney who is experienced in doing exemptions and exclusions to MERP. You as a disabled heir can probably qualify for an exclusion to recovery. Dealing with MERP can be done but it’s really for the most part not ever a DIY.
Medicaid in general is a thicket that is best hacked through by an elder attorney with Medicaid experience. But if you're talking about putting a house into an irrevocable trust, you will definitely want an attorney. At least in Colorado, placing assets into an irrevocable trust is quite complicated and a person can really get into trouble.
Some states do allow for Medicaid Asset Protection Trusts, which are irrevocable. I looked into an MAPT for my BIL in NY and it seemed to me that it preserves assets in order to pass them on to heirs and is not for the benefit of the person setting up the trust. And, I believe that probably all MAPTs have a five-year look back. And they can be expensive to set up.
However, despite all this, the pros may outweigh the cons for you and your mother, so AlvaDeer is on the money about the importance of consulting an elder law attorney. If you do consult an attorney, gather all your information together beforehand. You can probably call the attorney's office and ask what documents to have ready. Good luck. These are suggestions and not legal advice.
I am in the same boat as Alva, not completely understanding your question. But what I gather is that you both are on Medicaid. She is in Memory Care. And for some reason you need an "irrevocable trust". Generally trusts are put in place to protect assets. If she is on Medicaid I doubt that she has enough assets that would warrant the expense of a Trust. As Alva suggests consult an attorney. It would be interesting to know who told you that you need a Trust.
Irrevocable Trust is usually to protect assets. As Mom wouldn't be on Medicaid if she still had a ton of assets I wonder if we cannot guess if this is to protect a home. If this is the case Stoner, please see an elder law attorney at once. While your Mom may no longer be able to do an irrevocable trust on her home there are ways, if you are living with her for some years and also disabled, that the home MAY be protected for you. You MUST have legal aid. You can't do this yourself or with only the guidance of a Forum. Igloo, on this site, often has excellent information on this sort of this, but you really need to see an attorney so your own interests can be protected given the laws of Federal and your own State. We wish you the best.
I am so sorry, but I can't understand your question. I think I have that you and your Mom are both on Medicaid? And that your Mom is in Memory Care nursing home? I don't understand the part about the Trust. I would suggest you speak with an Elder Law Attorney. Take all your Mom's documents with you. Your Mom's assets pay for this visit as POA for your Mom. If she is on Medicaid she likely has few assets to protect, but the Elder Law Attorney can help you understand your options.
A house is an exempt asset when going on Medicaid. When recipient applied, it should have been brought to the caseworkers attention that someone other than Mom resided there. It could be a spouse, family member who cared for the person at least 2 years or a disabled child. These people can continue to live there. At time of the recipients death, the house becomes an asset and again, proof needs to be shown that someone is still living there. At time of death, Medicaid will place a lien on the house. That lien will need to be satisfied at the time person who is allowed to live there dies or leaves the house.
Since Mom is already on Medicaid, I don't see where Medicaid will allow a trust of any kind now. Medicaid has a right to recover what they have put out for Moms care. Other than a house, she should have no other assets but the 2k allowed.
As suggested, you need to talk to an Elder Lawyer well versed in Medicaid. I am to understand that once you are on Medicaid (and 5 yrs before Medicaid) you cannot protect assets from them. But...maybe there is a loophole.
Remember, Medicaid is not a retirement option, it is for people who have minimal assets and income. If you have assets you are expected to use it for expenses. I suggest you talk to a Medicaid case worker before going to the expense of an attorney.
Your mom is on LTC Medicaid as she’s in a MC. I don’t know what a Medicaid/ FE waiver is….. but if it means you are getting services at home or you go to a PACE type of day / health center, those are community based Medicaid and they too have recovery aspect if you did this after age 55. Changes in real property is recorded at the courthouse & it will surface so Medicaid will find out.
You cannot right now go and change the ownership / title on the house without this being an issue for Medicaid. Doing this would be a legal change to an asset that was there when the Medicaid application filed. It would mean you / mom have transferred an asset (the house) and the asset has a value (like the tax assessor value) that will place a Medicaid transfer penalty (based on assessor value) on the property owner on Medicaid so they become ineligible for Medicaid. You do NOT want to go there. Again stuff like this will surface eventually….
if this is all about you have heard that Medicaid will come after moms house after she dies and you will then become homeless, what I would suggest is for your to speak with an attorney who is experienced in doing exemptions and exclusions to MERP. You as a disabled heir can probably qualify for an exclusion to recovery. Dealing with MERP can be done but it’s really for the most part not ever a DIY.
1. If she's in memory care, she may not be legally capable of entering into something as complex as an Irrevocable Trust.
2. Besides #1, why does she need a Trust, and
3. Why does it need to be irrevocable?
4. Did you and the family decide this, or is there an outside party, such as an attorney, who advised that a trust is needed?
5. If funds are limited, what assets specifically will be used to fund the trust?
Some states do allow for Medicaid Asset Protection Trusts, which are irrevocable. I looked into an MAPT for my BIL in NY and it seemed to me that it preserves assets in order to pass them on to heirs and is not for the benefit of the person setting up the trust. And, I believe that probably all MAPTs have a five-year look back. And they can be expensive to set up.
However, despite all this, the pros may outweigh the cons for you and your mother, so AlvaDeer is on the money about the importance of consulting an elder law attorney. If you do consult an attorney, gather all your information together beforehand. You can probably call the attorney's office and ask what documents to have ready. Good luck.
These are suggestions and not legal advice.
But what I gather is that you both are on Medicaid. She is in Memory Care.
And for some reason you need an "irrevocable trust". Generally trusts are put in place to protect assets. If she is on Medicaid I doubt that she has enough assets that would warrant the expense of a Trust.
As Alva suggests consult an attorney.
It would be interesting to know who told you that you need a Trust.
If this is the case Stoner, please see an elder law attorney at once. While your Mom may no longer be able to do an irrevocable trust on her home there are ways, if you are living with her for some years and also disabled, that the home MAY be protected for you. You MUST have legal aid. You can't do this yourself or with only the guidance of a Forum. Igloo, on this site, often has excellent information on this sort of this, but you really need to see an attorney so your own interests can be protected given the laws of Federal and your own State. We wish you the best.
I think I have that you and your Mom are both on Medicaid? And that your Mom is in Memory Care nursing home?
I don't understand the part about the Trust.
I would suggest you speak with an Elder Law Attorney. Take all your Mom's documents with you. Your Mom's assets pay for this visit as POA for your Mom. If she is on Medicaid she likely has few assets to protect, but the Elder Law Attorney can help you understand your options.