My Mom passed away this week and it has been a family battle like I read alot in AgingCare..but with the passing my brother or myself will need to go to court ?? My Aunt, former POA said Social Services told her sell it right away as soon my mother went to hospital. This is where she received Medicaid so that she could make nursing home. I was her caregiver w hospice for the last yr and I have lived with her 3 yrs. I had been locked out til mom's passing, changed locks, cut power, refused me of my belongings. I've heard of this hardship waver but I'm not real sure if legal yet. My brother said probate and my uncle told me about foreclosure. If I paid for the house would it be house pmt. or in mom's case house and I think 2nd mortgage.500s up and 250ish in second so close to 900. I had been taking care of mom and now no job and boyfriend pays for me so kindly but we have nowhere to live. I'm overwelmed and tired so I guess what happens when you lose a parent and have do right by her but what is right?
Most states require two years of care for someone that the doctor determines the care is medically necessary. If you provided care for one year the waiver would not apply.
There are two mortgages on the home? Sounds like the only option to be able to stay there would be is you could buy it, paying off the mortgages.
It may help you to understand what is happening if you speak with an elder law attorney. Many will do free initial consultations.