My Mom lives with me and my wife. I am thinking of putting my name on her checking/savings account, and this is her only asset. If I am on her checking/savings account which currently has $34,000 in savings and has $1550.00 deposited each month from SSI. If at some time later on she applies for Medi-cal (in California) because she needs to go into a nursing home because we can no longer take care of her (my wife has been disabled for the last 10 years) will all of the money she has spent since she lived with us be subject to a 'look back' to see how she spent her money? I realize that they will use all of her remaining savings to pay for the nursing home until it is depleted, but what about money already spent? I ask only because she does pay for groceries with her credit card (that she pays off each month) and movies, etc, but doesn't give us 'cash' in lieu of paying us rent, etc, She feels like she wants to 'contribute' but we don't want to jeopardize her future Medi-cal eligibility or have to pay that money back. Thanks!
It is legal to have a share-of-cost agreement, but it must be written down or Medicaid considers the money to you as a gift. For example, the groceries: she cannot pay for all of them, just her portion (cost divided by number of people in the house). Otherwise you are being gifted. Same with movies-- only her portion.
Personally I'd suggest as mom lives with you to do some sort of personal care agreement in which mom pays you a small amount each month. These are totally OK by Medicaid if it is done by an elder law atty within whatever amounts are OK for your community standards. Whether its best being a rental agreement or personal serves agreement, to me kinda depends on your finances and taxes. Something is going to come up either now or later when she is in the NH, that isn't covered by Medicaid for her OR you & your wife run into a bad couple of months with your own finances so that having that smallish nest egg of $ from when mom lived with you will be a godsend. OR even if you don't need it, you could let it build and do a big wake for her or go all out on funeral florals.
If mom does not have a fully paid, no cash value, pre-need funeral & burial done, I'd look to spend some of that 34K to get one done and paid for. Otherwise the costs will fall on family to pay for. At 8 - 12K for funeral & burial, it adds up.