Do I have to protect myself from the nursing home that wants to take my Mom's assets? - AgingCare.com

Do I have to protect myself from the nursing home that wants to take my Mom's assets?

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My mother who I've been the caregiver to for 6 years most likely will need a nursing home within the next year or so, she only owns a Mobile Home and the Actual cash value is 17,000 dollars, In 2009 I had my attorney draw up a Living Estate and I am the sole beneficary, she has no monies in any bank account but she has a insurance policey which I am also the beneficary for approximently 7,000 dollars.Now she is on SSI and everything is paid for , the only money she recieves is the SSI check which is 1,218.00 per month which barely covers her bills. She does have medicare and United Health Care by AARP by Secure Horizons to pick up the diffrence on her meds and any other medical bills. The taxes on the property are in MY NAME and have been for the last 4 years but if you know about a LIVING ESTATE thats how it works, I can't throw her out but once she passess all I need to do is go to the town Hall with a death certificate and the Mobile Home automatically transfeers instantly to me, this is what the town told me personnely when I question why is my name on the taxes now but my mom still only pays the mininum since my dad was a Veteran so they still actually look at the home as hers, I know this might be confusing but I also have a Homestead act on the home and a Bill Of sale from 9 years ago that she gave it to me has a gift which I never brought to town hall since I did'nt want to lose my residency in the state where I live which is Mass and she lives in R.I.. I am a legal Mass. resident and I do not get paid for taking care of her which I could but I don't since I really don't want to get into that scenerio. So am I protected from losing everything she is leaving me if she goes into a home????

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I'm in nurse home people don't like . I have Parkinson's and it's very Importantthat get meds on time . And don't always do it . So I'm panic when do to me . I don't want here any more. IV got people up set 'me tonight she my a hour half late I need my meds every 3 hours .
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If dad was a veteran- the Veterans assistance will pay for assisted living. My mom was allowed "up to" $1800.00 per month and 100 $ for incidentals. If the facility was more- she had to pay difference. However her normal monthly benefit from Veterans stopped and the money sent direct to facility but she continued to get her SS. Depends on facility. My understanding is if the facility was only 1400 per month- still the Veterans would only pay that amount plus the $100 for incidentals.
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Bear in mind that once she enters a Nursing Home on Medicaid, they should be made representative payee: they will get her entire $1218 per month. That leaves $00 to pay the community dues, utilities or upkeep on that home or anything else.
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Rhode Island only goes after assets that pass through probate. The mobile home is protected. The life insurance cash value must be spent on her care. Medicaid will want five years of financial records, so pull the bank statements together. If she owns a car, that is not protected, nor are valuable items like jewelry or artwork.
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No. Everything you have described puts you in the driver's seat. You own that home. Seniors and veterans get a reduced tax bill, so I would make sure that town knows all of your information. You don't want to get stuck with a huge tax bill when your mother passes.
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IF the insurance policy has a cash value of 7K, it will need to be spent-down for her to qualify for Medicaid. If it is term policy, then it's OK for Medicaid.

Now when mom goes into the NH, what is your financial situation? Realize that Medicaid requires a co-pay or their "SOC" share of cost of all their monthly income to the NH less whatever your state has as their personal needs allowance (from $ 35 - 90 a mo depends on the state). If you are needing mom's SS to pay for both her & you to live in the mobile home right now, then what happens when she goes into the NH? Doing a "Living Estate" is all nice & dandy but you will have to have your own income to pay for everything once she is in a NH? Really before take some of mom's funds and pay to have an elder law attorney review the mess of paperwork you've got going on now & before the Medicaid application.
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Pose your questions to an elder law attorney. The website AVVO is an excellent resource that is free of charge.
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