Mom is now experiencing some lewy/Parkinson. In and out. Don't know if she is able to redo durable POA and lawyer said he has to put the POA together to be valid. Including stating childcare execemption there in order for it to be valid. He also states there is a will for my brother and sister and myself to sell and split profit. But I understand that mom receiving Medicare and medicaid paying for part-time home care from me and other bills will most likely put lein on house? Which might leave nothing for us, so I'm trying to see if this tranfer can be done even though she is not going into a nursing home. Full-time care at home is considered institutionalized? I care full-time but get paid for only part time 27 hours a week from medicaid home agency? What can I do to save the house? My siblings would rather see me get the house. Soo confused and losing money from consultations that are giving me different answers. No hope.
After you become POA you manage all financial assets in and out of Mom's and you keep meticulous records of your actions. You pay taxes on her home, collect rentals and etc. You sign onto her accounts as POA and if she is competent in having her own small account for private spending then you do this.
According to how the document works you can manage everything, but the document must be specific in what you can do, what you cannot do.
As to whatever else you are speaking of, I really have no idea what you mean by any of it. If you place Mom her assets will go quickly, but if you spend her assets on inhome care they will disappear even more quickly. Mom is allowed to retain her home if she goes on medicaid (after her assets are spent down to your state's requirements). Medicaid will recover when her home is sold after her death.
Mom's death ends the POA. At that time it is the EXECUTOR of the will who takes over in selling remaining assets if any, paying medicaid clawback, if any, paying bills if any, then divides the assets according to the stipulations of the will.
I hope this gives you some information. It doesn't matter what siblings want regarding the home. It only matters what the will SAYS. If the will says the home is divided, then it would be difficult for the siblings to "give you" the home because you deserve it, because it would have tax repercussions.
I hope you understand your obligations to keep records and act legally for your Mom as her POA. Hope you will keep this attorney on speed dial, and your Mom's estate pays for the attorney's advice.
Try to take issues and questions one at a time.
I wish you the best.
Not an easy task by any means.
Because your Mom is getting "in home" help from Medicaid, they will try and recover the money after her death. Since the home is no longer an exempt asset, Medicaid will put a lien on it. If you can claim caregiver exemption you maybe able to stay in the home. But there will still be a lien on the house. If you sell, leave or die, the lien will need to be satisfied.
If your Mom has Lewy Body she may not be able to change a POA or a Will. She has to be competent to understand what she is signing. If you are being paid by Medicaid, they already know you are Moms caregiver. IMO a lawyer cannot determine if Medicaid will allow that exemption.
If Mom is incompetent, I think you will need to deal with this after her death. Medicaid will send u a recovery letter. At that point you tell them you want to claim caregiver exemption. I don't know how this will effect the Will. You siblings will need to legally give up their rights to the house.
But let's put Medicaid aside for the moment. Assuming that the will is valid and all beneficiaries to the will agree, you can buy out your siblings' interest in the house assuming it is a residual part of the will. If his will made a specific gift of the house directing that it be sold and each sibling receives a share of the proceeds again you can offer to buy out each sibling's interest. You will probably have to pay capital gains assuming that the house will sell for more than your parents paid for it. As a CPA can tell you, there usually is a step up that will reduce your capital gain. This will probably be the case if Medicaid Recovery exemptions apply.
Calm down, call Medicaid, and talk to an elder law attorney experience in Medicaid
But let's put Medicaid aside for the moment. Assuming that the will is valid and all beneficiaries to the will agree, you can buy out your siblings' interest in the house assuming it is a residual part of the will. If his will made a specific gift of the house directing that it be sold and each sibling receives a share of the proceeds again you can offer to buy out each sibling's interest. You will probably have to pay capital gains assuming that the house will sell for more than your parents paid for it. As a CPA can tell you, there usually is a step up that will help reduce your capital gains. This will probably be the case only if Medicaid Recovery exemptions apply.
Calm down, call Medicaid, talk to an elder law attorney experienced in Medicaid (probably not the attorney you have now).
You may have the right to remain in the home as her caregiver. That depends on the Medicaid laws n your state.
Community based care is provided in elders home, apt or neighborhood (a PACE program).
Just what happens with moms home is dependent on how your state Medicaid program is administered & State laws on probate & property rights. Certain aspects are uniform for all States, like all States are required to attempt a recovery (MERP) of $ that Medicaid paid for community based care or long term care but just how a State can go about doing that is interdependent on your States laws. Some allow a proactive lien placement (TEfRA) while elder alive but others only can have an action done after elder dies so probate laws as to claims / liens against estate involved.
So attorney is wanting to have the “caregiver” exemption used?
Not “childcare” exemption (this doesn’t exist but a “child dependent” exemption does exists but rare…. would be like 80 yr old mom has a 50 yr old dependent child living w/her that the mom cares for; the 50 yr old can get an exemption to estate recovery as well as a waiver on moms income if mom goes into a NH on LTC Medicaid; you’d need a experienced special needs atty needed to this done right imo).
“caregiver exemption” has documents needed to establish that supposed caregiver lived at house for a period of time & provided services / care that were needed.
I don’t know what IL wants but for TX it is verification caregiver lived there for 2 years prior to Medicaid AND did not work full time at another job AND statements from elders physician or social worker as to what specific care needed and dates AND a notarized & witnessed statement by caregiver that all info and details are accurate. If your attorney is wanting to be proactive on the caregiver exemption, this is a really good thing as it’s not simple to do. Have the attorney go over all this with you so you have a better understanding, ok?
It sounds like you have concerns on paying bills. It’s good to be worried on this. Please realize that if mom goes into a NH on LTC Medicaid, the rules for Medicaid are that she has to basically have almost all her monthly income as a copay to NH less a small personal needs allowance (PNA). So if mom gets $1500 SS & IL has a $50 PNA, mom has to pay the NH $1450 ea mo. If you are needing moms $ to make ends meet on living at her home, it might be that mom has to stay home and you & family just flat do the caregiving needed as best as possible for when community based Medicaid inhome caregivers cannot be there. Community Medicaid may have a very sm copay, depends on your State.
There was a caregiver on this forum who quit her job to care for her mom abt 8 years. Only child daughter. Her Mom was youngish (I think she had a stroke), daughter in her 50’s. Daughter did all caregiving & housework till she had a fall. Mom went into NH & filed for LTC Medicaid. Moms $ that paid for taxes, utilities, insurance, etc was now a NH copay. Daughter was beside herself as to how to pay for things as she hadn’t worked in forever & too young to get early age 62 SS $. She would totally qualify for a caregiver exemption to MERP after mom died. The problem was she was totally in a bind coming up with $ to stay in the house till mom died and the house could transfer to her name and she could sell it. She was able to get a loan from a friend and the mom died within the year & caregiver exemption got done year after. But stressful.
Please ask the attorney to go over things in detail. & especially ask if your being paid by the State as a caregiver for mom can effect your being able to get the MERP caregiver exemption. Also ask if all the heirs as per your moms will, each need their own exemption for MERP.
Good luck!