Her home is still in her name. An Atty. suggested that the home be put in my name and 5 siblings added later. Sisters agreed but brothers did not. I am scrambling to find suitable housing and clear out 40+ years of things collected in the house. My mom worked hard for this house. I would hate to see a nursing home get it. She is 90. A broken hip put her there. Rapid dementia but she still remembers all her kids names! Thinks she is still driving and working. She is confined to a wheelchair and must be assisted when walking. She thinks she can get up and walk. Fell once out of bed and another off the toilet since she’s been in nursing home. Brother and sister have POA.

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The Atty was incorrect, now Mom is in LTC, you cannot make any changes to the deed. That all should have been done before the 5 yr look back. This lawyer must not know Medicaid rules.

As a disabled child and a resident you should be able to stay in the house. As long as you pay the bills and upkeep the property. Medicaid may determine if u can. I just filled out paperwork in reference to a lean being put on my Mothers house. One of the statements was, if the person living at the house is a family member and this is and has been their primary residence and was the primary residence of the Medicaid recipient, a lean will be placed on the house but not recouped until the death of the person residing there or they leave.

So, if your siblings are OK with it, you should be able to stay. Really, best that they allow u to stay. Otherwise, your siblings would have to pay for the taxes and upkeep. If they don't utilities will be shut off and tax leans put on the house. If they sell, all proceeds will go to Moms care. It will have to be spent down and then medicaid applied for again.

If you stay in it till u pass, depending on the Medicaid lean, the siblings may be able to get something out of the house for themselves. Just had a thought, if you move out, no one can move in without Medicaid being aware. Medicaid may require rent to help pay for Moms care and they go by HUDD guidelines.

So really its better if you stay. Being a disabled child is your key.
Helpful Answer (1)
Outinthecold May 2019
Thank you.
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