My uncle is the POA and Heathcare proxy. I am her secondary proxy. He’s living in the home and had previously been her primary caregiver. He is unemployed and her home property taxes have gone up. I asked him if he planned on paying them and he said no. From the research I have done it sounds like the town can place a lien on the house and eventually take it if taxes are not paid. Upon her death we will have to sell the house to pay off her debt from the nursing home.
As her grandchild-what can I do to protect her home??
I stopped paying Moms taxes when she went on Medicaid. I did not live there. What I suggest is you go to the Township tax office and ask when a lean will be placed on the house. In my Township leans are placed in October.
Things are opening up, so are jobs. Uncle needs to get one. Explain to him that he is responsible to maintain the property. Either with Grandmom's money or with his if grandmom is on Medicaid. Medicaid is allowing him to live there based on he will take care of all bills.
He is only hurting himself by not paying taxes. Its just a matter of time. You will lose a house quicker for unpaid taxes then unpaid Mortgage. I was told in my state a house cannot be foreclosed on or auctioned off for nonpayment of taxes or mortgage for 2 years. You may want to check that out with your Tax office too.
For now grandmom's house is an exempt asset. It does not become an asset until she passes, Then Uncle will have to show why he should be able to remain in the house. He may not be able to stay when Medicaid finds he hasn't paid taxes. Then Medicaid can request that the house be sold so they can recoup what they put out for grandmoms care. Medicaid does not take the house. You nor Uncle will be held responsible for he cost of grandmom's care or her bills.
Your uncle maybe thinking ahead, she will run out of money before she dies and the house would have to be sold and it could affect her ability to get medicaid. While it is hard to accept money from assets such as a house are used to pay back any medicaid fees for her care.
You could check with and elder care attorney, to satisfy your mind just in case. There are some free initial consultation ones out there. At least you will peace of mind you did what you legally could, while it maybe futile.
Best wishes
Charlotte, how long has your grandmother been in a NH? She is 98 years old.
And, like others have asked, is she private-pay or on Medicaid?
You are only secondary HC proxy, correct? Your uncle is the sole POA?
There's nothing you or anyone else can do to protect her home. If your grandmother is in a nursing home unless she had Long Term Care insurance whatever assets (house, cars, bank accounts) have to be liquidated and that money goes to the nursing home. When the money is gone, Medicaid starts paying her bill in the nursing home.
This is how it is and there's really no way around it unless the house has been put into trust, or taken out of your grandmother's name prior to the Medicaid 'look back' period of five years.
If grandma is private paying the nursing home, she should be paying the property taxes as well.
If Grandma is on Medicaid, a lien will be placed by Medicaid and the home would likely need to be sold to satisfy that after gma's death.
Did the family consult an eldercare attorney or Medicaid planner before she moved into the NH?
If the grandmother is private paying for the nursing home, no one should put a cent into paying for anything concerning her house.
The nursing home is going to take it anyway. All that will happen if they don't pay the taxes is the nursing home gets a few dollars less when it's sold.
Why not sit back and watch the town and the nursing home fight over who gets paid first.