If my mom ends up going to a nursing home, it would be a last resort. She is 96 years old, with a number of health problems including dementia.
I spoke with a lawyer today and he said it would be best if we could say that my mom intends to return home when admitting her to the nursing home. The problem is, I would have to wait until my mom is no longer able to speak for herself then I could use my POA to have her admitted. The other way is if she would fall and get hurt or become ill and the doctor admitted her to the hospital, she could be moved to long term care after 3 days if I don't feel I could care for her at home. I think her Medicare would cover 90 days in long term care and then she would have to be transferred to a facility with available Medicaid beds.
If she can't be returned home, Medicaid would require the sale of her house and car. Since she has a Life Estate interest in her house she is considered the life tenant and has the usage of the house for her lifetime. If the house has to be sold during her lifetime including while she is in the nursing home, she gets a % of the sale which is reduced by each year after the life estate was formed. Since the life estate was formed in 2008 and she is 96 now, the lawyer figures her interest might be less than 10% which would have to be spent on her care.
After she dies, the Life Estate vanishes completely leaving me the new owner. It does get more complicated because the rule on life estates was changed several years ago but this life estate was formed a long long time ago. The point is, it would be better if my mom would intend to return home even if it was obvious she never could.