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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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My mother and I bought a house together 17 years ago. I now live in the house with my own family. My stepfather has recently gone into the nursing home and I am wondering if Medicaid can take my house when his insurance runs out.
Willow - here’s the sticky imo..... as parents are married their assets are shared. Like what Rovana wrote. So whatever % of ownership your mom has on the property that you own & your family live in will more than likely be considered parents joint assets. So how Deed is registered is mucho importante. Look at how tax bill & the Deed reads as those should do match up to if 2 owners or 3. Mistakes can be made in recording at the courthouse so read all carefully.
BUT the sticky continues as Medicaid is required to attempt a recovery of services paid for (like your dads NH stay) from the assets of the estate of deceased. Done via MERP & how done varies by your states approach to property rights & probate. Like some states do not attempt recovery at all if there is a surviving spouse living in the home, but other states do but wait till they die to do recovery on property. Plus MERP has all sorts of exemptions & exclusions as well as a cost benefit requirement. Your situation to me really needs good legal to review to see exactly what % ownership is and how MERP tends to run in your state so you can come up with a plan. Also if your paying all property costs (so mom isn’t paying her % ownership of taxes, insurance, upkeep), I’d ask atty how to deal with that. Yeah it’s going to be a time consuming butt-rash but better this now than years from now trying to sell house (or use it as collateral) and find there is a Medicaid lien on it and it kills the deal. The elder law atty will have a real estate atty they work with to deal with that aspect.
If your mom's name is on the house, then presumably it would count as her asset, and thus a marital asset should your mom's husband apply for Medicaid. I believe you need to check if it is in fact, in your state, considered a marital asset, because Medicaid considers all marital assets of the couple, I believe. Igloo has lots of information on this subject - look for her post.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
BUT the sticky continues as Medicaid is required to attempt a recovery of services paid for (like your dads NH stay) from the assets of the estate of deceased. Done via MERP & how done varies by your states approach to property rights & probate. Like some states do not attempt recovery at all if there is a surviving spouse living in the home, but other states do but wait till they die to do recovery on property. Plus MERP has all sorts of exemptions & exclusions as well as a cost benefit requirement. Your situation to me really needs good legal to review to see exactly what % ownership is and how MERP tends to run in your state so you can come up with a plan. Also if your paying all property costs (so mom isn’t paying her % ownership of taxes, insurance, upkeep), I’d ask atty how to deal with that. Yeah it’s going to be a time consuming butt-rash but better this now than years from now trying to sell house (or use it as collateral) and find there is a Medicaid lien on it and it kills the deal. The elder law atty will have a real estate atty they work with to deal with that aspect.
Out of curiosity what is house value?