Medicaid specialists. Anyone know how this works?
Does anyone know any details regarding the child care giver rule / and a parents house - under Medicaid?
After my husband and I separated a few years ago I returned home and moved in with my aging mother. I immediately went back to being the one to carry her to appts, doctor visits etc.
My cousin had a home he was renting out and asked if I would be the property manager for it while he was away. I have kept his place rented through Airbnb since 2019, but lived with my mother and became her main caregiver. My tax returns show the Airbnb income as well, but they do show the rental address, because I didn’t want to take any chances of any correspondence coming from the IRS to be accidentally thrown away by my sweet mother.
I started using the address at my cousins rental, which incidentally is only a 2 min drive from my moms ) so that I could be sure that items being mailed to me weren’t going to be accidentally misplaced or thrown away. At the time I thought it made perfect sense - a easy answer to keep my mail from getting mixed up with moms.
My husband and I talked of reconciling many times, so I had never permanently moved everything from WA where I lived with him to Atlanta. Meaning my car, since owned by both of us and my drivers license still had my WA address on them. Although once I moved back home, we tried but haven't ever reconciled, and after 3.years, our divorce will be final next month.
BUT I’ve been my mothers main caregiver for at least 3 years now. I have lived in her house - I have a bedroom and work office set up in her home…. But finding out now about the child care giver rule… it states in order to prove residency I have to have a DL with her address on it.
I believe Medicaid allows a child who has been a parents caregiver to be transferred the house if they live there with their parent, without it being a negative mark on the 5 year look back period? I don’t have a DL with her address on it, but the fact that I’ve lived there with her has kept her home and kept us from having to pay for caregiving, which is the reason that Medicaid makes such a rule.
Does anyone know who I could talk with to find out for sure if they would disregard me as a live in child caregiver just because my DL doesn’t give her address? My job has her address, it’s on my insurance and work records, but I believe that’s it….Although there are dozens of neighbors, and people I work with, along with friends and family who could testify to where I have laid my head to rest most every night over the last 2 years.
Needing some clarity and help. She is going to be needing some government assistance soon. We live in a State that Medicaid will take any assets to recover any help they give. It just doesn’t seem fair. Mom
has no retirement or long term care - just her home.
Thank you so much, especially for taking the time to read this long post. ❤️
Any thoughts or comments are most appreciated.
6 Answers
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I don't understand why when a question concerning Medicaid is brought up the first thing said is a Social Worker or an elder lawyer. Just call Medicaid or make an appt. Ask your questions, get your answers. If then you feel there maybe a problem, then get a lawyer. For me, I did the applying (caseworker filled out the paperwork) and got them info needed. The only reason I eventually got a lawyer was because there was a question concerning my nephew remaining in the house and what we would be able to get for the house. I really think its important to be involved in the process thats why I don't recommend allowing the NH to do the application. If Mom hadn't had her house, things would have gone smoothly without getting a lawyer involved.
Now to your question. I understand why u used ur cousins address but that is probably the only way you will be able to prove you lived there, the IRS and other mail should have gone to your mothers to establish residency. How does your drivers license read?
The child/caregiver thing is not a given. You have to prove you can pay bills, taxes and upkeep to be able to remain in the house. Your Moms SS and any pension will need to be used to offset her care.
And if any transfer, I don't think that is done until after death. And, I think the lean is still put on it even with the transfer. My letter from Medicaid ask if anyone was residing in the home and the criteria that had to be met to remain. If Medicaid allowed them to stay, a lean still would be placed on the house and would need to be satisfied if the person left, died or sold the house. There was a member who went thru this, maybe she will reply.
1 economic loss that a person who lived 2-3 years caregiving for parent
as their full time job & did not have any other “work” income
2 economic gain that the state got as otherwise elder would have been in a facility with State LTC Medicaid program paying.
Both need to be documented some way that will pass whatever review GA does to allow this specific exemption, usually after elder deceased. & btw there r other exemptions & exclusions to estate recovery (MERP) plus probate laws can make a difference on home.
For the first offset: this is on you to do. State is going to want to see DL, bills, taxes, etc. that ties your name & address to your moms house for 2 years prior to her ever applying for LTC Medicaid & info that shows income from retirement or at a level that realistically could not be a FT job. You have out of state DL & auto registration & still married to someone in WA. If hubs & you kept WA homestead exemption as a couple plus everything else, WA will be - I’ll bet -what GA considers your legal domicile. That you have had income paid & taxes filed as as a property manager in GA meant that you had a job, the issue will be that it looks like you lived at ABnB property (as you wrote tax info sent in your name there) & what you were paid may be high enough to be considered FT or your were an on-call property manager that you could not have been FT for mom AND an property manager as well. I don’t know abt GA but both LA & MS have FT state Personnel board jobs at 19K a yr, so if you got paid in the 20’s it’s enough to be FT. Yeah southern pay scale is abysmal.
Personally, as soon as that divorce is done, I’d change DL & car registration & open a new local bank account all tied to moms address.
On #2, for some states in order to show that mom needed FT in home care, you will need to provide a letter from her old MD or if she is on a community based type of program from a SW. This is 1 of the many items in TX MERP questionnaire. The letter should indicate what level of care she needed and why. It cannot just be that you say mom needed care. It will need to documented & verified in some way. Lots of elders are just fine on their ADLs and then they have a fall… then it’s 24/7 care & oversight after the fall.
Each state administrates its Medicaid programs uniquely but under overall federal guidelines. A Medicaid savvy elder law atty should know exactly how application review & exemptions work for GA and what you need to qualify for the exemption. Also if the exemption has to wait till after death to be applicable.
Also please pls realize that if mom was to go into a facility & onto LTC Medicaid that she is required to do a copay of basically almost all her mo income (like SS$) to the NH. Mom can still continue to own her home as it’s an exempt asset for her lifetime BUT will have no $ to pay any property costs. It will fall to you to pay everthing on the place…. taxes, insurance, utilities, maintenance, etc. from day 1 of NH till beyond her death as estate recovery is an after death process. If there is still a mortgage (horrors!) this could be quite a tidy sum ea mo for possibly years. Medicaid may want - if it is occupied- you to show ability to pay rent or pay property costs.
Keeping home when Medicaid is involved can be done but will not be simple. Imho you have to have the wallet, be organized & sense of humor for the time - could be years - it takes to work thru everything. You have to be willing to take risk on a property you do not yet own and may not ever own.
You may need to become legal GA resident & become FT caregiver for mom w no more ABnB till Winter 2023 to get beyond any issues for Medicaid. Is that feasible?