By the way, if you purchase a home in her name with her assets with the intention of her returning there "someday" then the house will be there after the liquid assets are exhausted AND she would still be eliigible for medicaid in many states. The state would then consider her eligible for medicaid and they would not take the house but rather would bill the estate for what was paid on her behalf, which might or MIGHT NOT be the entire house value at the time of her demise. Also, if the house was put in your name only, after a certain period of time, she would be considered qualified for medicaid. There is a 3-year (I think) "asset transfer" restriction here in NC, and I suppose that varies from state to state. That means that if that were to be done three years BEFORE your mother applied for medicaid, she would be disqualified based on asset transfer for that next 3 years, (its sort of like entering a "spend down" period wherein the value of the asset (house) would be depreciated by the cost of the ongoing care the state was NOT required to pay. . In other words, if the house was worth $200000, and the cost of a facility was $4000 monthly, the value of the transferred asset would be decreased by $48,000 a year until it was zeroed out. At that rate, the house would not be able to be considered an attachable asset either 3 years (if that is, in fact, the asset transferdisqualification period) OR at ANY rate, 4 years and 2 months (equal to $200000 if my math is right) after she filed for medicaid and was considered ineligible/disqualified for that period specified by law due to asset transfer).
If the house was placed in your name only, it would no longer be considered an asset after the disqualification period expired. She would at that time become eligible for medicaid if and when her liquid assets were at the point of depletion.
If the house was put in both your names, only HALF the value would be attachable after the disqualification due to asset transfer period expired. And maybe not even then.
Talk to an estate attorney if you can afford to and sk how your state is set up.
Confusing because that's the way the government wants it to be. they want everone to sell everything, never transfer ANY assets, use up all the money and THEN apply for medicaid. And they plan on the old folks dying before they start getting any assistance from the government. How sad.
It's only those elderly people who have nothing to lose --for whatever reason, low wages, never having opportunity, etc---or those who have sadly exhausted all their assets that are getting medicaid now.
How unfair to all those who worked all their lives to have some sort of legacy to leave to their children and to the children who care for them as long as they can, only to have to give what is left to the government when the demands of their infirmity render their children helpless to continue caring for them and medicaid comes in for "payback".
The VERY rich use the MANY asset transfer loopholes regularly because they can afford slick attorneys. It's only the lower income folks who just hand over everything without a fight.
Vote in favor of the new Healthcare Programs and a (reasonable) inheritance asset exclusion law to come into being.
The rich can take care of themselves, IMHO. >).
Please keep in mind I am NOT an attorney, I WAS an eligibility specialist many years ago and all this is based on MY personal research. I am not offering ADVICE. Just telling you what it is like here where I live ;) and how is MAY be where YOU live.
Just remember to ASK THE RIGHT, SPECIFIC QUESTIONS of the DSS and MAKE them tell you what the law is in your state regarding these RIGHTS.