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Posted on 3/31/2010
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- Paying the Nursing Home: A Married Couple's Concerns, and What To Expect in the Medicaid Planning Process
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- Are There Still Ways To Save the House? Transferring Property the Right Way ...
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Are There Still Ways To Save the House? Transferring Property the Right Way ...
Sarah was a good daughter. For as long as she could remember, she’d been in the role of caretaker. When she was little, and Mom was hospitalized for three and a half weeks, Sarah had taken over running the family...even though she was only 13. And that wasn’t the only time.
But it seemed like Sarah had finally escaped that role, until three years ago when Mom had a stroke. Since Mom could no longer care for herself, Sarah moved back home and took over Mom’s care. And she’s been doing it for the past three years, but now it’s gotten to the point where Mom needs more care then Sarah can give.
Mom owns a $150,000 house and she’d like to give the house to Sarah as a way of saying thank you for all that Sarah has done for her. But when Mom and Sarah check around, they’re told that if they gift the house to Sarah, Mom will be ineligible for Medicaid for years, and it may even be a criminal act!
They come to you in tears. You calmly tell them that there’s a provision in the Medicaid Regulation that states that you can give a home to an adult child who resided in the home for at least two years, if the child provided care which permitted Mom to stay at home, rather than in an institution or facility.
In other words, if a child moves back home and cares for a parent, and if that child’s care has kept the parent out of a nursing home for at least the last two years, then the home may be given to the child without Medicaid penalties.
So how should Sarah document her care for Mom? The best thing would be to keep a log or journal that sets forth specific incidents or events that, but for the child’s care, might have resulted in Mom’s institutionalization. For instance, note things like gas burners not being shut off, water left running in the tub, Mom’s wandering or other medically dangerous actions.
In addition, it would be helpful to have statements from other family members or neighbors telling of any events or circumstances that reinforce Sarah’s position. Finally, it would be most helpful to have a letter from a physician and/or visiting nurse or home health care provider saying that Sarah’s care did in fact keep Mom out of the nursing home for at least two years.
You explain this to Sarah and her Mom and they are both delighted that all of Sarah’s good deeds will not go unrewarded. The house may be given to Sarah and Mom can still qualify for Medicaid.
FYI: There are other situations where the home may be transferred without penalty. They include transfers to the following:
• the spouse;
• a minor, blind or disabled child;
• a sibling who has an equity interest in the home and who has resided there for at least one year before the Medicaid applicant became institutionalized
We have been helping families throughout Western Pennsylvania, including, Allegheny, Beaver, Butler, Greene, Mercer, Washington and Westmoreland Counties, for years.
Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 102
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
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