Can Medicaid make me sell my mother's quitclaim-deeded home?
This is regarding a quitclaim deed vs. medicaid. I live in Kansas. I am my Mothers POA. Two years ago my Mother had a bad fall and ultimately ended up in a care home. At that time... it had been seven years since my Mother had quitclaim deeded her home to me. She has been on Medicaid since she got to the care home. Her home is paid for.... and has been, however Medicaid says I have to sell it to pay for her debt to Medicaid. At this time, it has been 9 years since she quitclaim deeded her Home to me... I have been living there to care for it. Can they make me sell it to pay her debt to Medicaid? I have been told several different answers to this question. I have been told that since it is paid in full, and past the 5 year look back law, that they cannot make me sell it, that it truly is my home. Please help my Mother and me... this is worrying her and I need for her to have peace. It concerns me as well, I wish to have happy and worriless (one less worry) times with her.
Like Pam, I answered your other post as well. I'd like to add that if it wasn't recorded & it's been in moms name with moms senior citizen lower rates & deductions placed on the property all these years, then the suddenly Voila! a old QCD appears will look totally bogus.
But I have a ? for you....is it the case that mom went into a facility 2years ago, applied for Medicaid, was eligible based the information provided by you as dpoa and now Medicaid is doing a transfer penalty inquiry? If this is the sequence, you personally IMHO need an atty ASAP as there is going to be a staggering bill from the NH you will be held responsible for if this can't be settled but you could face fraud on the medicaid application and any renewals filed & an APS review on how this QCD was done. You need an atty, try to find one NAELA who does litigation.