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Also, would you consider a Medicaid recipient in this situation as being fraudulent?? Thank you.

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Congratulations on your upcoming nuptials, may your marriage be happy and blessed!🥂🎉🎊

It is good that you are communicating with Medicaid to ensure you are not drawn into whatever is up with dad and siblings. Education is expensive, in a classroom or out. Chalk it up to an education.

Give yourself a wedding present and walk away. You are being blessed with a loving relationship and a new home for you and your pets, perfect time and opportunity to wash your hands of the nonsense that has been happening and start fresh.

And a newly renovated home, woohoo, sounds exciting.
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lsugrad May 30, 2019
Can't wait to be out of this situation. Thanks for the well wishes!!
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Fraud implies wrongful or criminal deception. Most states I'm aware of allow a Medicaid recipient to qualify while still owning a house, and there are apparently legal ways to transfer it to heirs while avoiding probate (Ladybird deed). So no, I don't think it is fraud in a legal sense.

It's said to be cheaper for Medicaid to provide some services that allow qualified recipients to remain in their own homes rather than in a facility, and that is what most people say they want, so it makes sense that the asset limit qualification rules usually exclude a home and car.

What's never been clear to me is how you would be able to maintain a house given the income and asset limits. When it happens, it seems like there must be family members paying taxes and maintaining the house, even paying the mortgage if there is still one. So in that case I'm not all that upset if the family is able to keep the house.

What's the situation you're concerned about?
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I went back and read your posts. I really don't see where you would be impacted by decisions of the people filling out paperwork for Mom. Neither should this impact Dad. I started a post replying to worrieds on one of your other post. Thought better to post here.

________

Worried is correct, its not fraud, they are just taking advantage of Dad. If her children wanted to keep the house in the family then they needed to keep the Mortgage going, utilities and upkeep. Otherwise, sell it, pay off the Mortgage and the balance goes to Moms care.

Yes, usually at time of death, Medicaid will put a lean on the house which is recouped at time of sale. There are so many scenerios with this though. If there is a community spouse. A family member who this is a main residence or they were a caregiver. In these instances, a lean maybe put on, but not recouped until those people die or sell the house.

I think for you, walking away is a good thing. Let the chips fall when it comes to siblings. For now Dad should say no more paying for anything to do with the house. He may want to see a lawyer for at least the paying off of the mortgage. Making sure he gets his money back if the house sells or putting a lean on it. He may just want to count this as your siblings inheritance. Needs to say that in a will including the upkeep he has paid. He gets nothing out of this, they reap all the rewards.

Good luck on your new life and keep us up to date on whats going on.
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lsugrad May 27, 2019
Thank you so much for your very informative reply. I agree w what u said about the children ( my siblings & i) paying the mortgage, utilities, etc & not Dad. Even tho I am on Disability, I was willing to pay my fair share of that. My siblings were not. My Dad is just throwing his money away. I want Dad to enjoy his life & his money. I want Mom to have the best care. I'm not concerned about any inheritance. Only want what's best for Mom & Dad.
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Joann, sadly if the siblings are found to have indulged in fraud concerning the house....then it is mostly Mom that will pay the consequences and have to deal with it.

because, Medicaid will disqualify Mom until the value of what was taken has been used for her care. If the proceeds from the house sale is just gone, Mom will be the one to suffer.

A couple years ago my Aunt had to go onto Medicaid...the money she gave to her son was then causing her to be disqualified...even though no fraud was behind it. Son couldn’t pay it back because he had died in a crash a couple years before. Medicaid doesn’t care why the money is gone, or any circumstance behind it. Mom didn’t dare lend the money to this aunt because it might have caused the problem to just move from Aunt to Mom if she needed Medicaid within 5 years.
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JoAnn29 May 25, 2019
I see no fraud with the house at this point unless its not mentioned in the application. You are allowed a house and if someone wants to pay for the Mortgage and upkeep. Medicaid doesn't care. More likely they will get their money in the end. The problem comes in if the family tries to rent it and doesn't use the money towards Moms care or moves in without Medicaid knowing it. They would need to pay rent if Medicaid allows it.

I think she just needs to walk away and let the chips fall. As long as she excepts no part of the fraud and signs no paperwork on the application she should be OK. I think she said she is talking to a lawyer.
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A Medicaid reciprient is allowed a house. Its not considered an asset. Seems weird I know. The house can be sold but at market value. Those proceeds would have to go to the recipients care. Medicaid would stop until the proceeds are spent down. Then file for Medicaid again. The fraud would come in if the house is sold and the money not used on recipients care.

If the house does not sell, then none of recipients money can go towards upkeep of house.

If you are leaving the house, then just walk away and let the others deal with Medicaid. If fraud is found, they will have to deal with it.
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lsugrad has other postings about her Mom's house:

https://www.agingcare.com/questions/when-or-does-medicaid-put-a-lien-on-the-medicaid-recipients-home-in-order-to-be-reimbursed-for-the-c-449112.htm?orderby=recent

https://www.agingcare.com/questions/my-siblings-are-hiding-moms-assest-her-home-for-free-medicaid-benefits-they-want-their-hands-on-the--448886.htm?orderby=recent

 lsugrad, apparently the answers that have been given on your other postings have not answered your questions or concerns yet. 

Have you talked with a Medicaid office in Louisiana about your Mom's situation?  If your siblings are hiding money so that your Mom can receive Medicaid, then you need to inform the Medicaid office.

I think that you mentioned in another postings that you are going to be moving out of the house soon.  Did you make that decision yourself or did your siblings ask you to move out?
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lsugrad May 29, 2019
I got engaged in Nov. Wedding this fall. Fiance & i are currently remodeling his place b4 me & my pets move in. I will b moving out @ the end of June. House will then become unoccupied. Dad is telling me i don't want to marry this guy. Brother w POA tells me I don't have to move out. It's to their advantage that I stay here. I'm disabled. Mom & i have lived under same roof for 12 yrs. I feel like I might b used as their hardship excuse to keep Medicaid from recouping their expenses via sale of the home when Mom passes. I am in contact w Medicaid. Trying to make sure that didn't happen.
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