How to reinstate Medicaid home transfer to "Child care giver" for mom?

2 answers | Last updated: Sep 18, 2016
A fellow caregiver asked...

I believe I specifically fall within the Medicaid "child caregiver rule". I moved in with my mom when she was in her late 70's. She is a widow. My father died in 1984. She was living alone and needed someone to assist her with activities of daily life and also wanted the security and companionship of someone she could trust. She just turned 87 and recently had a mild stroke. She cannot walk anymore, not even with a walker. She is currently a resident at a nursing home. I have durable power of attorney for healthcare and finances. She was removed from medicare because she plateaued and was not improving with rehab. We are currently paying private pay. That will not last long, I will be applying for medicaid coverage for my mom soon. When I was employed (I'm retired) I took FMLA (Family medical leave) to care for my mom at her home because she has a serious medical condition with her heart. I used up all the FMLA benefits each year while I was employed since about 2007. This was taken as time off without pay. I used up vacation and sick leave each year down to a few hours. My mothers doctor filled out the FMLA certification forms and faxed them in to the appropriate processing center each time FMLA re-certification was required. I was approved each time.

Will copies of these FMLA certification forms be sufficient "Proof" that my Mother required care and I gave her the care necessary that kept her out of a care institution until her recent stroke?

Do I still need a letter from my mothers health care provider even though the provider never "Witnessed" any of the care I provided?

I have proof of continuous residency for the last 5 years, my old state drivers licenses, voters registrations, vehicle registrations, etc. Unfortunately no one came to visit my mom much while she was living in her home so there are no viable witnesses to the care I provided.

I would very much like to remain in her home and I am in her will as the recipient when she dies.

I live in the State of Washington.


Expert Answers

Barbara Steinberg is the CEO and founder of BLS Eldercare Financial Solutions, which specializes in helping families pay for long-term care for their loved ones. A registered financial gerontologist, she speaks regularly on the topic of paying for long-term care and is a financial expert for Caring.com.

As you know, since you lived with your mom for at least two years and provided her care, you are qualified to keep the house in your name. You have clear proof that you lived there for over two years. That's half of the battle. The other half is to prove that the care you provided kept your mother from needing a nursing for at least two years. Even though her physician did not "witness" the care, he or she should be able to document her condition and her need for care. You have a clear audit trail with confirmation by the doctor through your FMLA requests. These will be helpful, but you also need to get the doctor's statement. He or she can attest to your mom's need for nursing home level of care over the past two years.


Community Answers

Albert b answered...

Thank you Barbara,

I hope you don't mind, I cut and paste your advice and added my name and made it a document, I'm going to give it to my Mom's doctor so she understands why I'm asking for her statement.

Thank you again for your advice!

Albert.