Medicaid Recovery Act in Texas. I am a caregiver, taking care of my mom who suffers from advanced Alz/Dementia. In 2010, I had a Deed of Trust created to protect my mom's only asset (her home). It states my mom's home will transfer to me at the time of her demise. Until recently, I was paying for all provider services out-of-pocket because my mom was ~$170 over the Medicaid income cap.
But, recently my mom began recieving Medicaid Provider Services (using a Miller's Trust).
My question is: Under the Medicaid Recovery Act, will Medicaid go after my mother's home (after she passes) in order to pay for services provided by Medicaid?
Since I am not licensed to practice law in Texas, I am not able to give you a specific answer, which in any case would require me to review the trust in question. Thus, I echo what others here have said, that you need to consult with an experienced elder law attorney in Texas with Medicaid knowledge.
Sometimes questions get lost on here. When I do not receive responses to my questions I am left wondering if I asked something inappropriate.
In my state a house can be deeded to a child caregiver that has lived in the home to provide medically necessary care. The home could transfer after two years after caring for mom. You can post your question to attorneys in Texas that specialize in elder law, specifically Medicaid. Check out the site
AVVO, it also includes peer and client ratings of attorneys.
You will definitely want to check with an attorney on this before proceeding - unless any of us here are attorneys, you'll be taking a big risk just going with our opinions. Please seek some professional legal help with this question so you don't end up with a nasty surprise.
My advise to people is to look into these matters before they become a pressing issue.
If any $$ is being paid to the caregiver is a contract in place, and backed up with 1099?
Good luck!
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