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I put my name on the car title as well. I figured I would receive the car and home when he died since we are currently joint owners. Would the nursing home (should the need arise) make me sell the car and home to pay for his care when the money runs out?

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Timing on when you did the title changes will be central in all this as to how much of a problem this will be. Please hang with me on this as it’s not exactly straightforward as to what happens…. when your dad files for LTC Medicaid - the Medicaid program that pays for custodial care in a facility, like in a SNF/NH or AL or MC if his state also does those via a waiver system - State will want info on any real property he owns. What tends to happen - varies by State - is facility gives you as POA a list of documents needed to be submitted along with his LTC Medicaid application that is done at the SNF the day he enters or maybe day before he enters or day after his rehabilitation stay ends. So there could be delay between when he enters the facility, when his application done and documentation list completed. Document list is several items too, like citizenship, health insurance cards, any life insurance, funeral policy, plus anything real property he owns.

So documents on any home, car, land will need to be submitted. If he changed the title to add someone else onto title - like you - it would mean he gifted a % of prior 100% ownership. State will want latest document from tax collector. So if it shows his name & yours, caseworker can easily in a couple of keystrokes find when that happened & VOILA! a “gifting” aka transfer penalty placed on Medicaid eligibility if dad did this under 5 years & 1 month (like what MACinCT wrote!). He will not be approved. Butt rash in this is that he is living in the facility and accruing daily room&board charge each & every day until that notification of ineligibility from Medicaid is sent to Dad, you as POA & to the facility. Medicaid will clawback any payments almost immediately & the NH likely private pay rate dad from Day 1 & you as POA will be sent the bill. If bill not paid he will get a 30 Day Eviction Notice.

Transfer penalty rules are hard & fast. That home has a $ amount that has an appraisal set by tax assessor that will be used. You can look at last tax bill to see what $ figure will probably be. The # will be used in the equation to determine # of days of ineligiblity based on what your State Medicaid program reimburses SNF / NH for daily room&board. The one positive you have is that it’s a manufactured home so lower value than a traditional home would be and maybe no land value if it’s in a rented lot. Car will be based on its Blue Book value.

Let’s say, cars BBV is 16K & home is $48K; Dad gifted 50% of 64K of his assets; 32K transfer penalty & your State daily room&board reimbursement is $235 a day. So 136 day transfer penalty period ($32K divided by $235.00). It is not by $ amount but by # of days. Penalty period starts date he applies to LTC Medicaid program. Say State sends ineligiblity letter week #8 of Dad living at the NH. To this point in time, only $ dad has paid NH has been his monthly SS income which under LTC Medicaid rules is required as a copay to the facility in full less a smallish personal needs allowance (most states is $50 or $60 a mo, so dad has no $ to ever pay on his 50% ownership house or car). NH can bill Dad full private pay rate for each day of those 8 weeks so it could be a huge bill less only his SS payment to the NH. For your dad to continue to stay there, he/you will have to private pay rate for him at worst or pay LTC Medicaid rate at best and sign a fresh contract and do an agreement as to the existing old bill. He can get an Eviction Notice if not dealt with. After 136 days of self pay, he can refile for LTC Medicaid.

Title changes on real property will be in all databases so hard to refute. Unless dad did this past the look back period, I would suggest that you & he find a CELA level of elder law attorney to deal with & shepherd your dads eventual LTC Medicaid application. Real property title stuff flat surfaces, not a DIY.
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AlvaDeer Feb 2023
Lordy, I am ALWAYS so glad when you show up on these questions.
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Check the title where it is registered to see if it is just you or both of you. The general rule is you can apply for him for Medicad nursing home care after 5 years and 1 month of any past transfer of money. If it is less than 5 years then hang in there. If he is on the title, if there is a possiblilty that he could return to the home, then he can hold on to it but you have to pay all taxes and maintainence if you plan to live in it. His SS will go towards the nursing home care. He can hold on to the car which usually depreciates, but you can be added to the insurance and pay all maintainence. Once he passes, Medicaid will do a MERP for any claw back from the sale of the home.
Each state has different nuances about Medicaid, so it will be well worth the investment to spend a few hundred with an elder care attorney. This should come out of dad's funds and not yours, even if you have to sell the car to help pay.
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I am uncertain what "I put my name on the title" means. You cannot just put your name on the title of a home. The person who owns the home, can put you on the deed, and dependent on when and if he went on medicaid would figure on whether or not this was considered gifting. Medicaid rules are complex and you don't say whether or not it is currently being required by your dad.
Do you mean you were and are currently joint owners of this property? If you bought this property together then recovery would happen if the is medicaid currently for your loved one upon sale of the home, and recovery could recover only your Dad's portion of the home, as I understand it. The nursing home will not make you sell the home and car if your Dad is on medicaid. If he is private pay they will want to be paid howEVER you get the money, but when all assets save his own primary home and his car are gone he can apply for medicaid. I think that you are best in matters such as this, legal, real estate and etc. consult an expert; I would seek out the advice of an elder law attorney. Worth an hour of expensive time to get your questions legally answered for your own state. Wishing you the best.
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I'm sorry you put yourself on the deed. You're going to pay a lot more in taxes if you sell that house.

It's always better to inherit real estate than not.
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the nursing home wouldn’t be looking at assets to pay for care, though they might help your dad apply for Medicaid and they would be the ones to scrutinize assets. However while the specifics can vary state to state the fact that you are family living in the home for over 5 years means they won’t force a sale or take it from you and the fact that you are on the deed means your dad only owns half and if they were to look for reimbursement they would only be able to get 50% of any profit when and if you decide to sell not force you to sell. It’s an expense and a process for them so unless it’s worth a bundle most states don’t have the assets to track and go after this. They are most interested in that asset going to the care of your dad in this case, while he is alive and costing them money. If you were to sell once he was placed they might be more inclined to want their half. At least this is the way I understand it but again it varies state to state.
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