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My father went into a nursing home in January. He was previously on medical assistance because of his low income but once he was approved for long term care, we were told by the county that his house needed to be sold because all of his SS income would be going to the nursing home. Since he still had a mortgage, we had to sell his house before it went into foreclosure. I did pay a couple of months of his mortgage which I feel I will have no problem reimbursing myself from the proceeds of the sale. However, I wonder about the 100+ hours of work I missed and multiple 400 mile round trips I had to travel to go down and clean out his house before we could sell it. Also my mom (divorced, so had no obligation) who was helping me, had to board her dog for these trips which added up to over $1k. What things can I get reimbursed for without the county making a big deal of where the proceeds went? He's only got about $6k more than the allowed $3k.

I feel for you and I hope reimbursement is possible, but it could lead to problems if it not okay. I do not think anyone here has the legal knowledge to answer that question. Perhaps contact the agency that required you to put the house on the market. Maybe at least the mortgage payments.
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worriedinCali Jul 2, 2019
you are actually quite wrong about people here not having the legal knowledge ;)
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924814 - imho you should be prepared to accept whatever costs you paid for your dad - like a mo or 2 of his mortgage, or utilities- as done by you under a sense of familial duty without reimbursement to be paid.

the state (via Medicaid) will know to the penny what the house sold for and what the payoffs were (mortgage settlement) and what the net left after payoffs was to him as state databases are synched & all will surface. Net from the sale is totally his money; it’s his income for the month paid and then rolls over to be considered an asset for him. For most states, their LTC Medicaid program has the maximum for assets at 2k, and he could well be ineligible for LTC Medicaid until he spends down to the 2k limit. Your paying yourself for costs paid for mortgage, clean up, whatever can be viewed by Medicaid as “gifting” of assets of dad to you. Gifting not allowed by Medicaid.

Plus you run into the grey area of a DPOA paying themselves for services which can be viewed as “self-dealing” and that is a huge no-no for a dpoa to do.

in my experience you’d need to have had an agreement or memo of understanding done & signed off by him & notarized in advance of your paying for items that clearly details the terms of reimbursement for it to fly for Medicaid; or the costs - like for cleaning - are paid to a legit business. Or you placed / recorded at the courthouse a valid lien (like a workman’s lien) on the property ahead of Sale so the lien had to be paid to be released so sale could go thru.

Please please before you pay yourself any $$, contact his Medicaid caseworker to discuss in detail & with documentation (like the monthly mortgage statement & your cancelled check to them) to fax over, so that you can use to show why you can be paid the $ from his assets.
Medicaid really tends to assume that family, his ex, neighbors do for the elder out of a sense of familial duty and done for free.

As far as I’m aware, most states cannot required that the elder sells their home. They cannot mandate it, instead it’s heavily implied by admissions at the NH or the caseworker that it needs to be done as all his income must go to the NH under Medicaid required copay or SOC (share of cost), so keeping the home is not possible for the elder. But if family want to front property costs, it can continue to be owned by the elder if family have the purse or wallet to pay. Imo this can work for a fully paid home with limited & tight manageable costs if it makes sense for whatever reasons for family or heirs to do. Having one with a mortgage and the insurances required by mortgage co. totally is a deal breaker for keeping the place.
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JoAnn29 Jun 28, 2019
Well said.
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Anonymous, the reason I asked if you had POA for your father is that it does make a considerable difference. For a start, it is entirely legitimate to claim back expenses you have incurred as a direct result of carrying out your responsibilities - gas is the obvious one. Do you have receipts? Loss of earnings though you can't get back unless there is provision for this in your POA documentation. But actual, out of pocket, "I spent this money on my Dad's behalf, wholly and exclusively for his benefit" type cash should be fine.

The other thing is that if you have POA then no you couldn't just walk away - it's a legal responsibility to manage your father's finances and assets in his best interests. And if the county is telling you = him that the house has to be sold, then you = he must comply. You are "being" your father, and what they can compel him to do you have to do for him, or at least get done for him.

Your mother is a bit trickier. Travel expenses for which she can show receipts they'll probably accept, but there's not a hope when it comes to the kennel fees. Presumably she did this for auld lang syne and to be supportive to you, so I hope appreciation will matter more to her.
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worriedinCali Jun 28, 2019
Medicaid (the county) isn’t going to accept any expenses for her mother.
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If it is possible to get paid for cleaning out a house of a relative once they died or went into a facility, then I need reimbursement for cleaning out FIVE of them!
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Your mother and you had no obligation to go down and clean out his home but you chose to do so.. right? It was your choice. Not Medicaid/state/taxpayers/dad/whoever’s choice.

I get that the past due medical bill and month behind at the nursing home should come out of his money, but the rest? I really don’t see it.

Shouldn’t dad’s money go to his care?
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anonymous924814 Jun 27, 2019
I wouldn't say it was exactly our choice. I was told by the county that I needed to put his house on the market. I couldn't do that without cleaning out all the personal items. I'm not looking to take his money. He doesn't really have any money, as the small proceeds will go to his care and he will be broke again. I was hoping to get some questions answered here, but as the nature of the internet, people like to just put in their opinion when they don't know all the details.
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Medicaid may not allow you to be reimbursed, even for the two months mortgage you paid. You can try but you better have kept good records. Since u cleaned it out yourself, there is no way to put a price on ur time. Really, as a daughter its sort of your responsibility. And, if you profit anything from the sale, that goes towards Dads care. Lets say its 50k. It cost 10k a month private pay for Dads facility. Dad will go off Medicaid until you spend down that 50k, then u reapply.
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Oh dear, the perils of volunteering...

The irony is, if you and your mother had just said "feel free" to the county when they said your father's house would have to be sold, your father would be no worse off and you and she wouldn't be so badly out of pocket.

Did you yourself have any obligation to see to this? Were you responsible through power of attorney or something?
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anonymous924814 Jun 27, 2019
Yes, I am power of attorney. Sure I could have been a jerk and walk away for the county to dispose of his "precious" stuff and let the house go into foreclosure, but that seems dishonest. I'm not trying to scam anyone. I'm just saying that now that my dad has some money, he should be able to pay back what he owes. Like one really past due medical bill, the month he is behind on the nursing home, the dumpster rental, etc.
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I’m curious - who would reimburse you? Your family or a government entity?

My brother just passed away on 6/8. He was in NJ, I live on the western shore of the Chesapeake Bay.

So far we have spent over $1500 for hotel rooms, renting a truck, gas & meals, etc. Lots of time on the phone And...we are fixing to drive up there today to finish this by 6/30. We had to stay in a hotel as my brother has passed in his apartment & I couldn’t work in there more than 6 hours.

Thus I totally understand your concern as it’s a huge chunk of change to put out. Plus my job did give me a mini leave but some of those days are without pay.

I personally feel your father’s estate should reimburse you but due to Medicaid laws I am not sure he can spend that $6 on you. Others with more knowledge about this will reply.

I am not expecting to be reimbursed. Sad but true. He had money in his checking acct that is enough to pay for his cremation whenever I am able to convince his bank to release those funds to me.

You may just just have to write off the $ you may have lost re wages, travel. I certainly hope you find a way to get reimbursed because I too am in the middle of this & it is costly.
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You can’t reimburse your moms dog boarding fee, that’s for sure.
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