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We recently received a settlement from a nursing home incident. I'm Mom's POA. Can I use part of this settlement along with a mortgage for myself, and put a home in both of our names, so that I can bring her to the new home?


My Mom lived with me for 15+ years prior to a massive stroke. She needs 24 hour skilled care (CNA for most things, RN for meds, etc. for limited hours) and would like to be home. My home (still have a mortgage) won't work for a wheelchair, etc. I'd like to sell my home, use some of her settlement as a down payment and have my name on the mortgage to pay the balance.


If I list both of us as owner's of the property is this legal, questionable? Does anyone have experience in something similar?

You mentioned that your mother is currently qualified to receive Medicaid, however if the cash she receives from her personal injury settlement puts her over the $2,000 asset limit she becomes DISqualified.

As one of the Agingcare.com posters has already said, you need immediate advice from an elder law attorney in your state who works with clients who need Medicaid eligibility.

You have several good ideas about providing care if your mother returns home. Working with the regulations in your state, an elder law attorney can explain how your mother can use the settlement funds in ways that will not disqualify her now or in the future.

The elder law attorney can explain how your mother should report the settlement funds to Medicaid, and use the funds and preserve eligibility.
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Reply to John L. Roberts
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you need to consult an attorney pronto and make sure that mom is not off Medicaid due to settlement and owing extra funds. If she is not competent, you can have problems putting your name on anything and not have it be gifting later.
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Reply to Guestshopadmin
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You don't need an RN to administer meds. There are aides who are called Medtechs that can do this.
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Reply to JoAnn29
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The money is your Moms. It is to be used for her care. I see what u want to do but will she ever need Medicaid? You really need to talk to a Medicaid lawyer to see how to handle this.
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Reply to JoAnn29
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doggydaze Nov 30, 2018
she is currently on medicaid.
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