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Daughter who lives with her on disabilty and helps her over 10 years. Is the 5-year lookback period waived for medical recovery because I live here ? Or is her property on medical lien if she needs long-term care? Thank you! A courtesy response is appreciated.

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If Mom goes on Medicaid, the house is an exempt asset. If you have lived with her as a Caregiver for 2 years, you may be able to remain there if u can afford the bills and upkeep. If you are disabled and residing there, then you may be able to stay. If you have been residing there for a number of years, you may be able to continue residing there. Upon her death, the house becomes an asset that Medicaid can recover from. You maybe able to continue to reside there but a lien will be out on the house. When u die, leave or sell the property the lien will need to be satisfied.

This is just an overview to give you an idea how things work. Each State is different where Medicaid is concerned. You need to talk to a Medicaid caseworker which would be my first choice. If u feel u need to, then an Elder lawyer.
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Sarah, you've got some really good responses here to your question. I think it would be well worth an hour of time with an Elder Law Attorney to get your question answered for your specific state and your own specific case. Take all documents and anything else you can think of with you, and have your list of questions ready.
I am thinking/hoping you are your Mom's POA. If so then her money, whether from SS or otherwise, pays for this visit. Make it clear on the phone that you have a few questions about medicaid recovery for the most part, and about caregiver exemptions. Make certain that they deal with this (and any Certified Elder Law Attorney (CELA) should know these answers without any hours of research.
I am hearing lately of some attorneys in ALL specialties who are now asking for up to 700.00 up front with the admonition that "If we need more time for research this will be added cost". Frankly I think I am seeing some "goudging" out there right now, so be certain that you ask ahead of time to be charge "hourly fees" and ask what those fees are.
GardenArtist and others on Forum suggest you get a reputable attorney who is part of a "firm". That way, if they don't have the answers there are almost always some "in office" who do.
Sure wish you the best.
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Medicaid is administered slightly different in every state. Unfortunately, as a NJ resident, I'm not up to date on NY's administration. In NJ there will be a 5 year look back regardless of whose name the property is in. However, it you have lived with your mother for more than 3 years as her caregiver (helping with her meals, shopping, transportation etc) they put you in caregiver status and allow you to remain in the house after her passing. You will be responsible for the maintenance of the home, real estate tax and house insurance. When you move out of the house for any reason, the Medicaid lien on the house will be put into effect to recapture taxpayer funds spent on her care.
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Are you hoping to qualify for the caregiver exemption because you have provided care that has kept her out of a nursing home?

https://www.medicaidplanningassistance.org/child-caregiver-exemption/amp/

Is she competent to handle her own decision making?

Can you afford to pay the house bills on your own if all of her income must go to pay her expenses elsewhere?

You should get an appointment with a lawyer specializing in Medicaid ASAP.
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Typically, if your mom owns the house, it is her asset. And will eventually be used to pay for her care.. your condition has no bearing on your mom.
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