Mom is doing a spend down. Property was going into my name 8 years ago. Old paid (but unresolved) lien stopped the process. Was able to resolve 4.5 years ago. Mom fell and needed assisted living 3 months ago, but Medicaid does a 5 year look back. This November she will be eligible for Medicaid. She has almost enough to make it. Will gladly pay a month or 2 to get her there to save the estate. Question is, I paid for the Guardianship from my own pocket and several other of her expenses. **If I used her funds** I would just owe more out of my pocket towards the end. IF....Medicaid does a look back and find something they don't agree with, can I use what I am currently paying for her care out of my pocket as a credit towards anything Medicaid sees as an issue? Example might be....2 caregivers were taking care of her (was trying to keep her home), checks were used for every transaction, but I am reading that they should have signed an agreement. Might be other things I am missing but trying to be prepared.
You will not be able to "save the Estate" if you mean the house. When Mom passes, her home is no longer an exempt asset. Medicaid will place a lien on it to try and recover the money they put out on Mom. You would need to prove you lived there and cared for her or it was your residence before she entered LTC on Medicaid to be able to stay. Otherwise, if you want to save the house you may have to pay the lien or it will need to be sold so the lien is satisfied.
See an Elder Lawyer.
I am certain you are aware that medicaid doesn't pay for ALF. Or usually doesn't. You will have to check with facilities to see if they accept medicaid as payment. That means a nursing home. I can't help but wish Mom, rather than "saving an estate" for the use of others, had not kept her own money and used it for good, quality ALF which has so much to offer.
The house has been in a trust (and other assets) to me for 23 years. We did not know until about 8 years ago that Oregon will revoke the trust and take assets...hence making it until November(did a quit deed 4.5 years ago) and the 5 years look back. I took care of the Lien for mom already ($20k released). If the level of care is the same when converting I see no reason to give up the personal trust to the state. It will not affect her care and I do not feel indentured to the state. I had in home care set up, they said her level of care was beyond home care and pulled her out(would not release from hospital when she went in). I was given the option to become guardian, or the state was going to appoint one. The place she is in...she has her own room, memory care, gets to keep a cat and will convert to Medicaid when the time comes.