I am person with disabilities who has been renting two rooms at my dad's place. I have lived here for over a year. My dad's brother wants to sell my dad's home but I have no place to go. What are my options? My dad has Medicare.
The reson why my dad is going into a nursing home is because he is at the end of his life and is being placed in hospice.
It’s not like you’re a squatter or a homeless person that Uncle can call the police or sheriff’s department and get you removed. Instead as a “resident”, it’s an eviction process: it takes filing on the property owners part in court (that POA will have to clearly show his authority to do this too) and Notifications served to you and hearings before a judge. Tends to take 3-8 months. And you can file for a continuance at one of the hearings.
I’m going to guess that the Uncle is not at all being nice in all this? That he wants you out & like yesterday? Does he view you as a bother?
If so, if I were you, I’d find a disability rights attorney asap. There is going to be a Probono legal aid clinic aka a free legal aid service in your area. That house has a value and something like this is worthwhile to go after (property attached to any action) as they will, I’ll bet in my not an attorney opinion, go after your being able to continue to live there as you had a verbal agreement with your parents and you also believe you will have standing as a heir as per what your folks told you was their wishes. If your folks in any way supported you, and you can establish this, you can claim to be a dependent of theirs as well, and imho this could be very very important (more below).
A house does NOT have to be sold in order for the elderly owners of a property to be eligible for LTC Medicaid. They only have to show to be “at need” medically for skilled nursing care and financially within the limits for your States LTC Medicaid program. The house remains an exempt asset for the program for their lifetime but will be subject to a require attempt of recovery of costs paid after death via MERP. The rub - HOWEVER- in all this is, the individual in the NH is required to have almost all their monthly income be paid as a required copay to the NH. It’s their SOC aka share of cost required by LTC Medicaid. So they will basically have no-none-nada of their money to pay property costs.
But whomever is the POA should look into is there are exemptions to the copay; like there are exemptions for a spouse and for dependents. So if you are a dependent, that should be filed to be an exemption to the copay / SOC $. If someone in the home, they can pay property costs. Or POA can pay costs till things get eventually sorted out.
Also family & POA can decide not to bother at all with the house and let it go into property tax delinquency. The county will put it up for annual sale; the County won’t care about State lien, will, heirs, probate.
You need to find an attorney to look into your “standing” in this situation and it needs to happen soon so that they can guide you as to what to do if Incle serves you with an eviction notice.
Is there a Will? Is the home being left to you? Is the NH private pay or was Medicaid applied for and accepted?
If Dad is on Medicaid, the home is an exempt asset. You are a disabled child living in that home and are able to reside in it per Medicaid, as long as u can pay the bills. Because what will happen when Dad passes, is a lien will be placed on the house by Medicaid. It will only need to be satisfied if u leave the house, sell it or pass away.
Are u the 72 yr old or Dad? If Dad, your probablty in your 40s/50s? If so, I would call Office of Aging. In my County it included disabilities. See if they have someone who can advocate for you. You should be collecting Social Security Disability. Medicare and Medicaid go with that. If your SSD is not enough, there is Supplimental income (SSI) you maybe be able to receive. There maybe resources out there you have never taken advantage of.
I have a nephew disabled from birth. He is living on his own with the help of the State. He has an aide one day a week for 5 hours. A coordinator who helps him get what he needs. There is help out there, you just need to look.
Kinda self serving if you ask me.
Now I have to ask...
Can YOU take care of YOURSELF.
Do you have a caseworker?
If so have you talked to them about placement in a Group Home or trying to make housing arrangements?
You do not mention your age. Nor the disabilities. Can you work?,
Are you getting any kind of disability?
I Volunteer for a Hospice and one of the things that I like about Hospice that is very different from other Medical services is that they are there for the whole family. Can you talk to the Hospice Social Worker about what options you have.
Contacting Senior Services (depending on your age) or Area Agency on Aging.
Either might be of help as well.
Catholic Charities might also be a resource for you. (they do not discriminate, they will not deny service based on Faith)
In your profile you also mention "parents" is your mother still alive? If so where is she going to go when the house is sold.
And this might be a longshot but .... If you dad or mom is/was a Veteran since you are disabled the VA may be of help as well. It might be worth it to contact the VA and ask about benefits that a disabled dependent of Veteran might be entitled to.
My mom and brother were in cared for very well by their hospice staff. It was easier on us to visit them and know that they were being cared for.
I wish I knew what to tell you as far as finding a place for you to live. I’m sure that this situation is weighing heavily on you.
Is the house being sold to cover the nursing home expenses? Have you spoken with an elder care attorney and explained your situation? Can your dad go on Medicaid?
Others will post responses. I hope someone will have a viable solution to your problem.
Best wishes to you.