Backstory: May 2015 mom bought car for my niece (she also bought another one a car, was also helping her with college expenses but she is squeaking past the 5 years on that) we told her not to, her health was getting bad. Fast forward to Present. Mom is in nursing home & will need Medicaid at the end of this year. My brother & I now have POA, didn’t at time of car purchase.
1st Attorney we consulted took money without rendering service, wouldn’t answer phone calls. Office requires buzzed in admittance, can’t just walk in. 2nd Attorney wanted my bro & I to “borrow” all of mom’s money, set up a repayment to get her through the penalty, with us POCKETING the rest of mom’s money (she had a good bit more at that point) his fee would’ve been $8000.00 to set that up. So brother goes to 3rd Attorney. This one is trying to get my bro to do the same thing as attorney #2. Consulting attorneys has now cost almost what the car is now worth.
We do NOT want my mom’s money. We just want to get through the penalty phase! Nobody will listen! These are eldercare attorneys, the last is certified in elder law. We are planning on an attorney filling out the Medicaid application.

Question 1: If my bro. borrow’s the money (paid back over 10 years per attorney) and Mom dies before he pays it off, does he pay it back to Medicaid under the same terms?

Would he pay it to her estate? (Mom’s body is breaking down so much I don’t see her living 10 more years but I know it”s possible.)

Question 2: GA is a fillial responsibility state. If we don’t set up some kind of action plan & the NH came after me for the money, without me being employed or my house being in my name, how could they force me to pay them? I can tell you this, I will NOT take care of my mom. She can do absolutely nothing besides feed herself, and it takes over an hour for her to eat one meal (no joke). I’m not worried about her being a ward of the state. I love her but I had NO part at all in creating this problem & am sick of trying to deal with & straighten it out! You helpful people are also probably tired of hearing about it.

The niece who got the car can’t physically take care of Mom either but she does have a job.

My brother didn’t think to ask the attorney these questions while he was there, & if he goes back it’s another $400. He did ask if the car could be given back to Mom & the attorney was supposed to research how that would work.

More info. If it helps:
Mom’s home was sold (fair market value, appraised), the money was being used for her care & is now what’s paying the nursing home. This money is all she has now, no other assets but she has a will stating how her money should be divided at her death, if there is any.

I’ve Mapquested directions to Alaska, where I know I can disappear to get away from all this, but boy I sure hate the cold!

If the cars were purchased within the five years, ur right it probably will be questioned. I think maybe wait till the application to Medicaid. That should be 90 days before you need them. Check with your state. They will go thru Moms statements 5 yrs back. They will look for large sums of money going out. Thats when I would deal with it or call ahead. Now, this may not be accurate but your brother( or his girls) is going to have pay out of pocket to keep her in LTC till the penalty period is made up one way or the other. Not sure if Medicaid works on payment plans.

This is where Medicaid should be part of your retirement plan. I bet no one was aware that Mom would be penalized giving cars to her grands. Best bet when your elderly, your kids will just have to wait till u pass.

I would report the first attorney.
Helpful Answer (2)
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