My mother and I co-own the house we bought 11 years ago. The lawyer told me that if I cared for my mom for two years, then Medicaid could not take the house when my mom dies. I took care of my mom (together with hired care providers - she required total care/supervision) for over two years. She is now in LTC. What proof will I need to show Medicaid that I did take care of her for the required amount of time?
As others have said, what happens is state specific, as Medicaid is administered uniquely by each state. You need to speak with a practice that has both an elder law atty and probate law one as the exemption is an after death process but based on documents for when elder was alive and mom owning a property is going to put her into having an Estate with an asset (her 50% ownership of property).
For caregivers exemptions, overall it seems to be that you must be a full-time caregiver (you cannot be working, caregiving is your job, acquiring the property is in a way in-kind to offset your not working), living in the home and can provide some kind of exacting documentation from the elders personal physician or social worker as to care needed for the 2 yr period before elders entry into a facility. If you had another job and actually care was divvied up btw you and paid caregivers, you might not be full time.
Exemptions and exclusions to MERP by & large are an after death process, done by answering the MERP NOI (notice of Intent ) and stating that you are filing for exemptions, exclusions &/or probate...... and that is the rub as getting moms old 2018 MD to write a letter supporting a caregiver needed letter in say 2022 when she finally dies may not be easily doable.
So did you & mom draw up some sort of agreement as to how property costs are assigned? Done this when property was first bought or before Medicaid filed for would have been time to do this. Like if you pay her 50% Ownership of property taxes, or her 50% of roof repairs, those are debts owed to you AND NOT paid by you as something you do for mom Just out of a sense of family responsibility? If that atty didn’t set this up for y’all, find another atty ASAP to see what might be able to get possibly done now.
Caregiver exemption sounds all terrific but has hurdles.
There are other exemptions, exclusions and cost benefit requirements that can factor in for MERP. If caregiver doesn’t work, look to another to possibly factor in or open probate.
When u for applied for Medicaid, did you make them aware you were part owner?
I live in the State of NJ. When Mom passed she still owned a home. According to the lean paperwork I received from Medicaid, if there was a resident in the house, who was related, they could remain in the home. Medicaid would put a lean on the home that would need to be satisfied if the resident sold it or died. In your instance, u own half the house. So, if you sell, what would be Moms half of the proceeds would go to Medicaid. Medicaid would require it sold at Market Value.
If your lawyer is not versed in Medicaid law, I would not take what he says. Every situation is different. I would make an appt, when this virus thing is over, with Moms caseworker and run this by them.