I’ve been living with him and providing care. They denied the caregiver allowance and now the dependent clause. I’m trying to keep the house. Will he get kicked out if I just transfer the home?
Don't "just transfer the home". If he's not competent to transfer the home and you do it as a power of attorney to YOURSELF? You could be seen as committing fraud or elder abuse. Why did Medicaid deny the caregiver allowance? Did you fail to declare it as income? Why was the dependent clause denied? Did you not have the supporting documentation as a child of two years care that kept Dad out of a nursing home (grandchildren or other relatives don't count)? If you transfer the home now after the Medicaid application has been made, you will definitely cause a Medicaid denial. Ugly stuff ensues. Nursing home is informed that Medicaid has been denied. Family gets a "30 day notice" that payment for services already rendered is due. Yes, they can evict parent for non-payment of fees due to the nursing home. Yes, the nursing home can pursue patient or his legal representative legally for unpaid debt. If parent doesn't have money to pay or Power of Attorney family member doesn't respond, nursing home informs APS who pursues emergency guardianship of vulnerable elder. Then it gets uglier. There is a house - it could be sold for payment. Why, the Power of Attorney transferred it to themselves without payment for elder who owes money - and the POA had filed for Medicaid? Consult an attorney at this point. They will give you legal advice. I understand your desire to keep a house, but if you didn't set it all up in advance, your parent's care needs will trump your desire to preserve an asset. Growing old and infirm is paid first out of a person's assets, then out of the public coffers.
We really need to have a more clear understanding of what is going on. They denied the caregiving...what? What’s a “dependent clause”. Was that for you or him? Start at the beginning with a better explanation. You can expand on your question by using the white box under the title box and then post.
I see that you started to ask a question earlier so I am guessing that this is a continuation of the other question. Are you asking if he might get kicked out of--the nursing home or Medicaid? What home do you want to transfer? Do you want to transfer your Dad to another nursing home or do you want to transfer your Dad's house from his name as owner into your name as owner? We need more information before we can give appropriate answers.
Why did Medicaid deny the caregiver allowance? Did you fail to declare it as income? Why was the dependent clause denied? Did you not have the supporting documentation as a child of two years care that kept Dad out of a nursing home (grandchildren or other relatives don't count)? If you transfer the home now after the Medicaid application has been made, you will definitely cause a Medicaid denial. Ugly stuff ensues.
Nursing home is informed that Medicaid has been denied. Family gets a "30 day notice" that payment for services already rendered is due. Yes, they can evict parent for non-payment of fees due to the nursing home. Yes, the nursing home can pursue patient or his legal representative legally for unpaid debt. If parent doesn't have money to pay or Power of Attorney family member doesn't respond, nursing home informs APS who pursues emergency guardianship of vulnerable elder. Then it gets uglier. There is a house - it could be sold for payment. Why, the Power of Attorney transferred it to themselves without payment for elder who owes money - and the POA had filed for Medicaid? Consult an attorney at this point. They will give you legal advice. I understand your desire to keep a house, but if you didn't set it all up in advance, your parent's care needs will trump your desire to preserve an asset. Growing old and infirm is paid first out of a person's assets, then out of the public coffers.