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Now, as others have said, upon his demise, Medicaid WILL require the home to be sold and for you to pay back of all monies provided for his care. This would come before any other debts or inheritance. Despite some implying Medicaid is crooked, this is how the system works. It IS intended for those who have no assets to provide for their care. OUR tax money pays for this, not the government - they just facilitate by taking tax money from ALL of us. To those who disagree, since her dad owns property, more than just his home, do you agree that YOUR tax dollars should support him, or should he (or guardian using his assets) be paying his own way (including the money from the sale of the primary home)?
As others have said, find a reputable Elder Care attorney, especially one versed in Medicaid rules. Taxes can be delinquent for a short amount of time - this can be settled during the closing of the sale (if you think it will take a long time to sell, get some legal advice - just not from that current lawyer.) There will be fees associated with it being paid late, and probably a lien placed on the property so that they get their tax monies before anyone else. I would discuss this with the tax collector(s). However this would alleviate you having to cover it, but ensure it doesn't get "taken", provided selling does not take years! Perhaps they can accept partial payment for the time being. It cannot hurt to ask!
As for the threats - do you have DPOA OR are you actually appointed guardian by the courts? If you have been appointed guardian by the courts, they would have to go to court and incur all kinds of expenses in order to ATTEMPT to have that changed. There is no other way for them to "take away" your guardianship. If they cannot prove that you are incompetent in your handling of his affairs, are negligent or taking advantage of his finances, they really have no leg to stand on. These are likely very empty threats, but you should not ignore them. You SHOULD find another attorney to handle anything that needs legal handling.
Any legal fees that you incur should be paid from dad's assets. Clearly you say he is pretty much out of liquid cash, so you NEED to get those properties sold. If possible, I would sell them all and then set up a trust for all the remaining monies after all other issues are paid up and use that for his NH. Ensure that BIL/wife have NO access to this trust. Once those assets are approaching depletion, THEN you can apply for Medicaid.
You might also be wise to hire a local (to you) Elder Care attorney. S/he might be able to facilitate issues with the attorney you choose who is in your father's state, and perhaps look into having dad moved to your state, if you would want to do that. Yes, more money is involved, but you need to protect yourself and your dad. Local attorney (to you) might be able to locate a better EC attorney in your dad's area. If money is an issue, perhaps they can also help by setting up an account, where you can pay a minimum until the properties are sold - they can also use the lien method, so they will be assured of getting their fees paid.
The best advice given is DO NOT WAIT!
What can happen if courts have not declared POA is in effect. The time to make it Irrevocable and in effect is Now. If father is competant, he can amend the POA to literally take effect tomorrow!! Do this!!!
So many times no one wants to go to court to have LO declared incompetent. The fact that you mentioned "Dad's attorney", makes me think that POA can still be changed... written up by Dad's Attorney at behest of BIL etc.
This just happened to a good friend. They spent a fortune, and ran up a lot of debt during the recession, on maintenance and improvements to the family home. Food, personal care supplies, and staff to care for Mom in her home! She had POA and was to get the house according to the will and trust. 7 weeks before she died other relatives swept in, took Mom to a new lawyer, new will, changed trust, changed FPOA & MPOA, removed her as beneficiary of accounts she funded, to care for her Mom.
So now, her money, plus the value of the house she spend tens of thousands repairing and making Accessible so Mom could stay, gets split 4 ways.
Worse yet, she arrived and was locked vout by the attorney who is now Executor...yeah...not legal to draw up papers making yourself Executor, but that is yet another court battle from across country.
When her mother was in the hospital, she was told she could not get updates, because she was not POA...that is how she found out! Then she was told her Mom was "fine". She is telling hospital staff, she needs to know. She already has tickets for a couple of days from then, but can catch a plane tonight!
She never got to say goodbye! She didn't talk to doctor or head nurse, only an employee she had fired when they asked for huge wage increase day after graduation. This woman also worked at the hospital. So there is a question as to if she was given honest information.
The financial loss was substantial. She can't buy out her siblings.. who didn't even show when their Dad died. They have debt that should have been paid, at least in part, by the Estate. Money used directly for care of her Mom.
The crushing emotional loss was greatest! We can't always make it to be by a LO side, say our last goodbye. No one, especially the person taking care of things, so their LO is being cared for, should be blocked from that time, locked out of the house they made sure didn't go to creditors. The home they were promised.
Revocable POA can be easily changed, elderly LO manipulated, especially if at times they seem lucid to a stranger.
When my husband was in rehab, he was provided with incontinence supplies and it was paid for by Medicare and his supplemental. But here at home, they won’t pay for those. Only Medicaid will pay for home incontinence supplies.
What caught my attention about your post was, youve been threatened .....if you are out of money, then let them remove you.
Considering all THE STRESS you're about to endure.
Someone needs to sell property as stated. In a hurry. Then apply.
In the meantime can they throw him out?
Yes!!! And they will. Its easier to be poor when aging, this i learned.
God bless you.
Ruff times ahead. And by all mean, have a supply store deliver pull ups/diapers.
It is not always quick and easy to sell a property. Even if you throw away 10-20% of value in pricing it for a quick sale, plus pay 10% more in Realtor Commission, closing costs, and costs to carry it to closing!
I am a retirer Realtor. I have sold a home in less then a month, and a few days before Sheriffs Sale for Foreclosure.
What state is the property in. Are there Tennants? Some states you need Tennant permission to show the property.
Is it a family property, that is why too full of memorabilia? Who is going to clear it out!
Yes, there are Realtors who will guarantee a sale, what they won't tell you is you have to list at their suggested price, using their appraiser...so 10-20% under market. Then after carrying costs for 3-6 months, you pay them well over a grand, plus 10% commission, plus Buyer & Seller closing costs.
If you can refinance, move it to a trust to pay father's expenses, that might be better.