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My mother is in a NH and is currintly on Medicaid. My mother has dementia and osteoporsis and most likely will never come back home as she can no longer stand up by herself. My father has dementia, probably Alzheimers, and is living at home. I have an in-home care service coming to his house to make him breakfast and dinner and do housework, transportation, companionship, etc. He has about $70,000.00. I am his legal guardian and conservator. My parent's house was retitled in me and my brother's name in 2004. My parent's set up a trust in 2010 which has about $90,000. in it. My parent's have given over $40,000. to my brother in the last 5 years. My father's money is slowly declining due to the in-home care he needs. The in-home care service does not have a Medicaid contract and I want to know at what point I should start looking for a service that works with Medicaid? Also, will Medicaid try to get the money back that my parent's gave to my brother? Unfortunately, my parent's were not compentent when they gave him this money, so will Medicaid still penalize my father or will they try to get their money back from my brother? We are in Colorado, so does anyone know how Medicaid works here?

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Since you are working with some assets I'd suggest that you seek the advice of a local elder law or estate attorney who is well versed in your state's Medicaid rules. Medicaid is heavily dependent on state rules and it can give you peace of mind to have expert advice all along the way.
Good luck,
Carol
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Use your parent's money for the lawyer. You shouldn't have to use your own money.

I agree with Carol and Jeannegibbs. There's a lot going on there financially. Medicaid is state-specific and applicant-specific. In the most basic of cases someone should have assistance in navigating through Medicaid like a case worker or a social worker but when there's $160k involved, a house, and questionable financial gifts a lawyer needs to be consulted.
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Since mom is going to have to spend down, and spending for an elder law attorney is perfectly acceptable to Mediaid, and since you know he's going to need Medicaid, the cost of the elder law attorney means nothing. Just means he'll be that much closer to Medicaid. That's #1.

#2, start now trying to get that money back from your brother. Medicaid is going to look at that $40K as a gift of assets -- which it was. They will penalize your dad X number of months of Medicaid assistance to get that back. That was a BAD mistake.
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Take Carol's advice and get legal advice. That's too much money to take risks with.
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I understand, it's just that I've already spent over $10,000.00 on the elder law attorney just getting guardianship and conservatorship and can't afford any more. That's why I was throwing it out to you.
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I don't think you understand. I don't want to use Dad's money for the lawyer as he is going to run out of money soon enough. When I was made conservator for both Mom & Dad, I separated Mom's money so she is already receiving Medicaid, as long as my Dad is living at home. As for my Brother, how do you get blood out of turnip. He won't let us use the money in the trust, and he won't pay back what he took. I know it was a BAD mistake, but both parents had dementia and he is a superb con artist. He is an owner-contractor truck driver and took the money to fix the engine in his truck. Mom and Dad said "he has to work". Oh, and I already spent money on their attorneys since I had to go to court to be Guardian and Conservator. Does anyone know does Medicaid pay for 7 day a week, 5 hours a day in-home care?
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Oh, and how do you prove after the fact that he knew they had dementia and that they didn't have a moment of clarity when they gave him this money?
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