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Mostly Independent
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There are other knowledgeable people that will hopefully weigh in on this. But my understanding is that if they the accounts were funded with mom’s income, and the house was paid for by mom (and dad?) and sister has been on the deed for less than 5 years, the money is all considered mom’s.
So if sister took money for herself from said accounts, that will be considered gifting and will pose a problem for the Medicaid application.
If sister lives in the house, that brings in other considerations. Mom will need an elder care attorney. But it sounds like maybe sister should arrange that, as she is the one whose name mom put on all the assets.
"Medicaid is a government program that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by state governments, which also have wide latitude in determining eligibility and benefits, but the federal government sets baseline standards for state Medicaid programs and provides a significant portion of their funding."
Source: https://en.wikipedia.org/wiki/Medicaid
Therefore, since this is a global and anonymous forum, please consult with a Medicaid Planner for the state of Oregon.
Sister is on the deed as part owner? Do they live together? Under Medicaid the home is an exempt asset until death. At the time of death a lien will be placed on the half the recipient owns. The person residing there can remain but if they sell the house the lien has to be paid. When they die, the house needs to be sold to satisfy the lien.
Is sister just joint owner on elders account for convenience or have they co-mingled their money? Any account with the elders name on it is considered the elders money in the eyes of Medicaid unless proven otherwise. When Mom at 80 went to have a new Will drawn up and POAs, she was advised by the lawyer to remove her name from my disabled nephews checking account. Because Medicaid would considerate hers.
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.
So if sister took money for herself from said accounts, that will be considered gifting and will pose a problem for the Medicaid application.
If sister lives in the house, that brings in other considerations. Mom will need an elder care attorney. But it sounds like maybe sister should arrange that, as she is the one whose name mom put on all the assets.
Medicaid is highly state specific. You need to take your question to a knowledgeable lawyer or Medicaid planner.
Source: https://en.wikipedia.org/wiki/Medicaid
Therefore, since this is a global and anonymous forum, please consult with a Medicaid Planner for the state of Oregon.
Sister is on the deed as part owner? Do they live together? Under Medicaid the home is an exempt asset until death. At the time of death a lien will be placed on the half the recipient owns. The person residing there can remain but if they sell the house the lien has to be paid. When they die, the house needs to be sold to satisfy the lien.
Is sister just joint owner on elders account for convenience or have they co-mingled their money? Any account with the elders name on it is considered the elders money in the eyes of Medicaid unless proven otherwise. When Mom at 80 went to have a new Will drawn up and POAs, she was advised by the lawyer to remove her name from my disabled nephews checking account. Because Medicaid would considerate hers.
You may want to consult with an Elder Lawyer.