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She was approved for Medicaid, she spent all her money except the $2000.00 she was allowed in her acct. I just wanted to make sure Medicaid could not take the car.
Does your mother have a living spouse? Because in your state, Medicaid cannot pursue asset recovery if there is a living spouse. Personal property is subject to Medicaid asset recovery in your state, because it’s considered part of the estate so you shouldn’t do anything with the car until after you’ve spoke to an attorney familiar with Medicaid estate recovery.
I am dealing with this right now. First let me say that I am in Delaware and I am using an elder law attorney office for help. We are submitting a Small Estate Affidavit. I could do that on my own but the attorney's office does these things more often than I do! The only assets my father had were his 15 year old vehicle and a Miller Trust. For the vehicle I have to sell it for fair market value and put it in the trust. Then I will need to provide a copy of the new title or a copy of the bottom portion of the current title with the seller and buyer information. I have to show the deposit of the sale into his account too. Luckily I can use money from the trust to pay for the attorney expenses. Medicaid will take what is left in the trust after all expenses are finalized. I don't know if it's the same where you live but maybe this will help someone else too.
No, they won't "take" the car but by law they have to try and recoup. You can always call her caseworker. Give them the info on the car. It may have to be sold at Market Value. Liens are not cheap, car may not be worth recouping on.
Did Medicaid pay any of her Nursing Home bills, or was there not time?
This is only a guess, but unless the car was a remarkably good one I shouldn't have thought Medicaid's estate recovery people would think it worth the trouble to claim it. Besides, aren't exempt assets excluded from MERP? - and aren't cars exempt assets?
Others will know for certain, or of course you could contact your local Medicaid office and ask.
In most states medicaid can recover anything in the probated estate, including personal possessions. But I don't know that this is done, and it seems this estate is so small that it may not even be probated at all. Were I you, given that Medicaid is a combined federal and state program, I would call the 1-800-medicare number (who also will refer or answer medicaid questions). Was you Mom the only one on title of the car. I don't know about other states, but in California you can go to DMV with death certificate if you are a direct family member (child, spouse) and get car into your name after you know it isn't going to be recovered. It can be done through triple A office if you are a member, which is often much easier. MstrBill suggests they won't take the car, and he almost ALWAYS knows. But I would check it out so you don't face any unpleasant surprises. Good luck. Hope you will get to keep the car. Update us with what you learn for your own state, as it is forum members who are invaluable to others facing the same questions.
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.
This is only a guess, but unless the car was a remarkably good one I shouldn't have thought Medicaid's estate recovery people would think it worth the trouble to claim it. Besides, aren't exempt assets excluded from MERP? - and aren't cars exempt assets?
Others will know for certain, or of course you could contact your local Medicaid office and ask.
MstrBill suggests they won't take the car, and he almost ALWAYS knows. But I would check it out so you don't face any unpleasant surprises.
Good luck. Hope you will get to keep the car. Update us with what you learn for your own state, as it is forum members who are invaluable to others facing the same questions.