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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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My Mother owns mineral rights on a producing gas well. I need to know if she can sell me those minerals so Medicare can't get a hold of them before she goes into the assisted living.
If she needs to go on Medicaid, then the money she receives from the sale would have to be spent before she could qualify. Is the well a good source of income? Does the amount she receives put her over the amount needed to qualify for Medicaid? I am trying to fit the picture into what Medicaid would require. These questions are relevant. If it is income producing, Medicaid would consider the income along with her other monthly income in calculating eligibility and need. They would likely also put a lien on the well. If it is not a source of income, it may need to be sold at fair market value.
Medicare does not seek recovery or consider assets. It is something all citizens over 65 are entitled to. Medicaid is different. It requires that there be minimal assets and will seek recovery on property to help reimburse taxpayer contribution to patient care.
May I confirm something? You write that she owns mineral rights. It's been awhile since I worked on commercial real estate issues involving properties with mineral rights, but as I recall, they ran with the land. There was an underlying grant of mineral rights to, say, an oil or gas producing company. These companies held rights, but were not fee holders. The fee holder (owner) received revenue from the oil production, but the fee holder did NOT own the mineral rights.
If your mother in fact owns the land but not the underlying rights, but does receive revenue from them, she doesn't has standing to sell them.
Just sharing this so you can put the entire issue in perspective.
She can sell the rights at fair market value. Then read Jessie's post. I will add that if sold for less than market value, Grandma will be penalized by Medicaid for an amount equal to what it should have sold for, or in this case could make grandma completely ineligible for Medicaid if income it provides is in excess of the limits.
GA, of course they run with the land. You are correct, I hadn't thought about it. Underlying water rights are a big deal in the dry, arid west. They always remain with the property unless they were severed years ago. Law will permit severing water rights, but with that development rights are relinquished.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Medicare does not seek recovery or consider assets. It is something all citizens over 65 are entitled to. Medicaid is different. It requires that there be minimal assets and will seek recovery on property to help reimburse taxpayer contribution to patient care.
If your mother in fact owns the land but not the underlying rights, but does receive revenue from them, she doesn't has standing to sell them.
Just sharing this so you can put the entire issue in perspective.