My mom has dementia and is getting worse. She gas been in NH for over a year on Medicaid. The nursing home received a letter from Medicaid asking if the house has been listed for sale yet because the 13 month waiver period is over. Mom refuses to give me (only child) poa of any kind, financial or medical. She refuses to sign papers to sell house. She says she's going home but there is no way. Will Medicaid eventually put the house up for sale in their own? I don't care. I don't want it. I am I ohio.
When she was admitted to the NH, did anyone sign as her guarantor or anything regrettable like that? Who has been handling her finances? Because unless it was you, I agree with Dave - she wouldn't let you get involved, so don't get involved. Be glad it's not your problem!
The thing is, I get the feeling that you asked a practical question, about what will happen in terms of administering your mother's property and affairs, and you got some practical answers. But I suspect that what you might actually be struggling with is the emotional side of all this? Clearly there's some history going on. Why not have a look at some other threads and see if any chimes with what you're feeling. Best of luck to you; and try not to worry - you can never be held responsible for decisions your mother made.
So what realistically works for you? If you want to direct what happens for her & her assets, & she flat wont give you a DPOA then you are going to have to file for guardianship or conservator ship. This is somewhere between 4k - 10k to do and you really need an attorney. OR mom can become a "ward of the state" & the court will appoint someone who is vetted to be a G/C under your states system. The house will be sold to pay for her care. The G/C want family to be involved so don't feel you will be shut out. That is rare and usually because of some on the record impropriety (like validated elder abuse). You can speak with the Social worker @ the NH on this as to how to start a ward of the state.
It sound like the NH is wanting to work with your mom. If she's been there a year & Medicaid still hasn't cleared the house waiver, then Medicaid is probably going to suspend payment for her. Read the letter theybgotbto see if this is implied. If this happens the NH is not going to be quite as nice. If you did not sign off to be Financially or legally responsible on any of the admissions forms, then they can't come after you. But if you did, they can. I'd very carefully go over all the admissions paperwork ASAP.
A 1 year waiver for property sale is really generous. What state? & what does the waiver cover? Does she still do a monthly co pay to NH or just a partial copay.? I'm really curious how it's been waived. For my mom, I was told by the caseworker that if i was to place moms house on market it would be a 6 month waiver for utilities, insurance taxes for a 6 mo signed listing agreement with a Realtor (no FSBO) with bills and payments documented.
If tina's mom has been in a NH for a year, then what has happened with taxes, utilities, maintenance etc on the house. Are bills just building up? Could there be a tax sale issue looming?if mom is having dementia now for a while, could she have done something odd with the house that has complicated the title? Jeapordized ownership? Situations like these seem to morph out of control.
If mom just flat refuses to do what is needed for Medicaid to totally approved her, the state will suspend payments. Nh will start hounding family to pay. NH doesnt want the house, they want to get paid but will file a lein on house for nonpayment amount. It all can get really layers of problems fast. If mom flat refuses to work with her daughter & her cognitive state is too far gone then a G/C will need to be done whether by an emergency ward done by state or tina's filing & paying to become moms G/C. Tina really needs to do whatever to not have moms problems become hers & a year of NH could run 100K.
How did medicaid have the right to ask a NH about this?
If the house is not protected from medicaid, Medicaid eventually get money back from house being sold.
Having a good elder affairs attorney to give you councel is worth the money to you. I have an elder sister who has no family with POA etc,, my lawyer says tell those who ask me for information to contact her attorney or they can go through the courts for answers,
Your mom is in a NH, my suggestion is not to get involved between the NH and Medicaid.
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