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As I said, an attorney. Keep careful records and diaries. Folders for receipts and copies of checks. You cannot afford mistakes.
Why? Well for LTC MedicAID, the State is going to want usually 5 years of your moms financials submitted along with her application.... like years of bank statements, paperwork on any sale or property transfers, taxes filed, “awards letters” from SSA / retirement/ pensions. The Medicaid caseworker looks for any $/asset move that looks like it could be “gifting”. That $ to you or paid to a vendor for home repairs, will surface and be an issue as caseworker has access to state database on property ownership & mom doesn’t own a home that legitimately has costs to maintain. It’s a red flag. It looks like She’s gifting $ to pay on a property that is not owned by her.
Your mom can pay you to be a caregiver or pay rent. She has income, like SS$, to use for this. But it needs to be done in such a way that it’s ok for Medicaid and legal. Which is better - rent.? or caregiver payment? - to me is interdependent on your own Financial situation, as both have tax reporting to be done. It’s something that the atty will have insight on.
Some states have an equation that caseworker uses to determine what is a reasonable amount of “assets” they should have over time. If mom sold her home, the state database will have that info and to the penny. If she gets SS$ or other retirement, state requires that info to be submitted with her application. #’s input to the equation.
Like say mom sold her home for $300K 3 years ago and gets $1200 a mo in SSA, & has no other investments but lives in her sons home rent free and has no contracts to in-home care agencies or caregivers.She hasn’t been paying for IL or AL. She’s on Medicare and a reasonable Medicare supplement. So roughly this mom would have had $360,000 in $$$ over past 5 years. Medicaid doesn’t expect her to live on air but maybe on $1600 - $1800 a month. Perhaps 2k a mo. 95k -120k over 5 years. Mom should still have $200k - $250k in “Assets”. If she’s down to the 2k maximum in “assets” Medicaid allows for an individual’s LTC Medicaid application, the equation will red flag her application. Math doesn’t make sense; she should still have $$$. She (you as her dpoa) will have to show reasonable paperwork over the 5 yr period as to just where all that $$$ went and was ok for Medicaid eligibility.
Her $ has to go for her needs, her property or her care.
Attorney will have legit options for y’all to think about. Plus she can have all other legal done or refreshed. Her paying for an atty is legit use of her $. Good luck & it’s really good you are dealing with this now ahead of her ever applying.
Is there a medical rationale for any of this? An argument can be made that a tenant may pay for adding accessibility features for their own use and for restoring the property when they move out. So if wider doors and a ramp are needed for wheelchair access, or carpet in a room or two has to be replaced with vinyl because of Mom's allergies, maybe ...?
My guess would be that $500 for a door or three would pass scrutiny while a $10,000 parking area would not. Replacing a too narrow door gouged by a wheelchair might be ok; I'd document the damage and repair.
However if you set up a caregiver contract or rental agreement, that covers her paying room and board, then you could perhaps be reimbursed over time. But you want this done properly and include in the agreement what is covered, what is not and what woudl indicate that it is time for hired care or a facility.