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It sounds like you have been paying 100% of the mortgage as well? Unless you have a legal agreement as to how the mortgage was to be credited to you against her or her estate, it doesn't matter that she paid zero on the mortgage. The mortgage holder doesn't care who pays it as long as it is paid. Ditto for tax assessor, insurance companies, etc. If you are paying for things, you need an agreement as to the terms on payments made or costs incurred.
Really in my experience, your options are limited:
- continue to take for her for whatever period of time takes you all beyond the 5 year mark so no transfer penalty, then apply for Medicaid to pay for her care either at home on some waiver in-home service or at a NH
- apply for Medicaid now and work with an attorney to get the caregiver exemption done so that the transfer of the property is viewed as within the exclusion to estate recovery by Medicaid.
- apply for Medicaid now and deal with the transfer penalty. If the house is low value, 1/3 may not be all that much and hopefully the NH will work out a payment option. If you are running out of caregiving ability, it could come to this. If you have significant costs spent that could lower her share, the transfer penalty could be reduced as well - speak with an attorney as to this possibility.
- you quit claim the property back to her, apply for Medicaid get her into a NH and deal with MERP - estate recovery of her 1/3 of the house when she finally dies.
Whatever the choice, you need good legal advise on how to do any of this so that the costs on the house you are paying for are in some way credited to you whether now or later. It's hard and not pretty choices to be made for all. Good luck
Finding a grant so you can get around Medicaid, ain't gonna happen…..
Medicaid - which is a joint federal & state program - is limited for those who are "at-need" both medically & financially. You mom sounds like she qualifies. All states who participate in Medicaid are required to have the participant do some sort of co-pay and recoup/reimbursement for care paid for by most all Medicaid programs (not just NH) for those over 55 from the Medicaid participant or their assets or their estate.
All states have exemptions and exclusions to both the co-pay and the recoup. Those include spousal support set-asides; caregiver provisions; low income heirs; deductions for costs of care and costs of maintenance for property; there are all sorts of exemptions and exclusions. Just what they are and how to best deal with these vary by state (just as Medicaid varies by state). How to deal with MERP (Medicaid Estate Recovery) varies by state as death laws & probate vary by state. You need an experienced elder law attorney to go over what options are out there and what could work for your situation. If you want a way around Medicaid, to protect what you see as your interest, then imho you are going to have to spend your own time & $ to start on this process and do it within the legal framework for your state.
If you are currently using mom's SS or other retirement income to enable your own family living situation in her home, you may find that you have no choice but to continue to caregive for her in her home till the 5 year lookback is done & over. You should still see good legal as you need to set everything up so that there is clearly no financial co-mingling of her funds and yours, as between doing that and the house transfer, you could find yourself in Medicaid application hell in needing to provide documentation for all checks or withdrawals that are not for a verifiable vendor (like electric company or tax assessor). If you are using mom's income to make ends meet, 5 yr look back could be from now (2015) to 2020.
THere may not be experienced elder law where you live, but will be in in your state capitol or other larger city. This site has a drop down list by state of legal.
Thanks ramiller. I will do that and check out your page. I found one AFH about 45 minutes away and contacted them for information. Not ideal with the distance but it would be doable. We live in a small rural town so I'm probably not going to find anything closer than that.
Joanne, I will use some of my funds. I would rather do that than be involved with the government. And no way will we sell our house. We have lived here 17 years, built it ourselves, and it's paid for. Not gonna start over. Not in this economy.
Second if you want to find Adult Foster Homes go to your state website mine is Michigan.gov. Do a search for AFH. You will come up with a huge list then look for the ones that are classified for elderly and not disabled. You should find some they are becoming very popular as our population ages rapidly. Let me know if I can help in anyway. My about me page list my blog where u can contact me. Good luck!
Please don't misinterpret this, but what is more important, the house or your life?
Any way a paid caregiver could come in to help you out during the day so you can be with your children?
If you can live in the same place & do it yourself; it's hard - but keeps the gov't out of your personal affairs.
Please use Medicaid, that is why it is there, to help take care of those who cannot afford to take care of themselves, for whatever reason.