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I was told that the nursing home cannot make me sell my dad's mobile home since it's the family home and my sister is disabled. It's the law. The nursing home and his guardian are greedy. I live in Pennsylvania.
The nursing home can't make you sell your dad's mobile home.
But let's talk about what greedy is. A long-term care facility provides 24/7 care for those who cannot take care of themselves. This is a good thing. Expecting to get paid for such difficult care is not greedy. It is how they pay the caregivers, buy supplies, and feed their patients.
As for the guardian, that's a tough job and most people don't want it. The job requires attention to duty, maybe giving up a job or working part time, possibly hands-on care of a very ill person, and legal responsibilities that become exhausting.
There is no free ride through life. We pay as we go. This is what happens at the end of the road. It should be everyone's goal to have enough assets to pay for their care.
Since you're apparently not involved in dad's care, you're not his guardian, and he apparently isn't your responsibility, why do you think you'd be involved in selling your dad's home? Are you the owner? Just curious as to why you're involved at all.
My thoughts exactly. Not to mention a mobile home would pay for what, a few months care in a nursing home, at most? Greedy is being used incorrectly here!
To clarify: your disabled sister is still living in the mobile home she shared with your Dad? And, your Dad has a county guardian?
"I was told..." by who? Was it an elder law attorney? Also, since you seem to have no legal power in this situation (because you're not your Dad's PoA or guardian) I'm not sure you can get in the middle of this unless you can prove that some sort of financial abuse is happening. Does your sister need/have a PoA or guardian? Does she need someone to advocate for her?
I'm sorry for this distressing situation... More information from you would be very helpful.
Presumably the guardian would acquire the authority to sell the home as part of their responsibility to use your father’s assets for his benefit. So, they would have no need to force you to do it.
If your disabled sister qualifies to stay in the home, she or her POA or guardian should actively pursue her claim to do so before the home is sold. Note that none of your father’s money will be available to support the household if he is in a Medicaid LTC facility.
If the mobile home is in on leased land, your sister will need to deal with that rent, in addition to the usual tax, insurance, utility, and maintenance/repair costs covered by the person trying to keep a Medicaid beneficiary’s home from being sold.
As always, if you want legal advice that you can rely on, consult an appropriate professional,
I don't know what you mean by a nursing home forcing you to sell a home. They, of course, cannot. However, if you are counting on your father's bills to be paid by Medicaid, which is a joint program with the State and Federal Gov. using taxpayer money to pay the bills of your father when/if, he has no more money to pay, then you are talking a whole other problem. The answer lies in the laws of your own state, which you will have to find out about.
Who told you that you have to sell the home?
In normal circumstances a home and a single car are exempt assets until death. However, a lien is put on them and when sold after the death of your Dad there will be Medicaid claw-back to recover taxpayer funds, and again, dependent on your state's laws.
I would check with an attorney or with Medicaid advisors themselves on the truthful answer to your question, and wish you the best of luck.
You might also call the following number I saw in the most recent AARP magazine; they currently have a volunteer phone line. You call 888-281-0145, give then the best time to call you back, and they have someone familiar with your area call back to try to help you find resources in your area that can help with your questions. Let me know if it works for you as I haven't heard of this service before this month and am curious if it is any good.
Pennsylvania Long Term Care | Medicaid Eligibility 2023 (seniorplanning.org) Link gives some information as well.
If your sister is disabled and living in the home, from what I understand, she is entitled to remain there. But I don't know for sure, it likely would be best to get an attorney to help you. I believe Medicaid would put a lien on the property and collect after the house is abandoned, but I believe sister should be allowed to stay there.
If your Dad is in Medicaid, when applied for it should have been mentioned that there was a disabled child living with him. Medicaid allows a disabled child to stay in a home. But...that disabled child may need to prove they can pay the upkeep and bills. As said, upon Dads death a lien will be placed on the home and when the child passes or leaves then Medicaid will expect the home to be sold. The thing about trailers though, is they depreciate like cares so may have no value in the end.
A Nursing home can not make you sell a home. They receive Dads SS and any pension to help cover his care and Medicaid pays what they pay. By allowing Medicaid, the Home has excepted a certain amount. They have no reason to ask you to sell your home. Medicaid allows the home as an exempt asset while the recipient is alive.
If the disabled child was not mentioned in the initial application, you need to inform them now. And the Guardian needs to learn the laws of Medicaid. Yes, I agree each state is different so talk to Dads Medicaid caseworker. But I have given u some basics.
Please seek advice from an elder law attorney in your area. Medicaid rules vary by state and you’ll need state specific guidance for your state and situation. People here can only speculate based on what we think, and you need facts. It’ll be well worth paying for a consultation to have those facts and guidance. I wish you the best
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.
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But let's talk about what greedy is. A long-term care facility provides 24/7 care for those who cannot take care of themselves. This is a good thing. Expecting to get paid for such difficult care is not greedy. It is how they pay the caregivers, buy supplies, and feed their patients.
As for the guardian, that's a tough job and most people don't want it. The job requires attention to duty, maybe giving up a job or working part time, possibly hands-on care of a very ill person, and legal responsibilities that become exhausting.
There is no free ride through life. We pay as we go. This is what happens at the end of the road. It should be everyone's goal to have enough assets to pay for their care.
Since you're apparently not involved in dad's care, you're not his guardian, and he apparently isn't your responsibility, why do you think you'd be involved in selling your dad's home? Are you the owner? Just curious as to why you're involved at all.
"I was told..." by who? Was it an elder law attorney? Also, since you seem to have no legal power in this situation (because you're not your Dad's PoA or guardian) I'm not sure you can get in the middle of this unless you can prove that some sort of financial abuse is happening. Does your sister need/have a PoA or guardian? Does she need someone to advocate for her?
I'm sorry for this distressing situation... More information from you would be very helpful.
If your disabled sister qualifies to stay in the home, she or her POA or guardian should actively pursue her claim to do so before the home is sold. Note that none of your father’s money will be available to support the household if he is in a Medicaid LTC facility.
If the mobile home is in on leased land, your sister will need to deal with that rent, in addition to the usual tax, insurance, utility, and maintenance/repair costs covered by the person trying to keep a Medicaid beneficiary’s home from being sold.
As always, if you want legal advice that you can rely on, consult an appropriate professional,
I don't know what you mean by a nursing home forcing you to sell a home. They, of course, cannot. However, if you are counting on your father's bills to be paid by Medicaid, which is a joint program with the State and Federal Gov. using taxpayer money to pay the bills of your father when/if, he has no more money to pay, then you are talking a whole other problem. The answer lies in the laws of your own state, which you will have to find out about.
Who told you that you have to sell the home?
In normal circumstances a home and a single car are exempt assets until death. However, a lien is put on them and when sold after the death of your Dad there will be Medicaid claw-back to recover taxpayer funds, and again, dependent on your state's laws.
I would check with an attorney or with Medicaid advisors themselves on the truthful answer to your question, and wish you the best of luck.
You might also call the following number I saw in the most recent AARP magazine; they currently have a volunteer phone line. You call 888-281-0145, give then the best time to call you back, and they have someone familiar with your area call back to try to help you find resources in your area that can help with your questions. Let me know if it works for you as I haven't heard of this service before this month and am curious if it is any good.
Pennsylvania Long Term Care | Medicaid Eligibility 2023 (seniorplanning.org)
Link gives some information as well.
Sure wish you good luck.
https://www.agingcare.com/articles/medicaid-repayment-of-nursing-home-estate-recovery-150497.htm?utm_source=newsletter&utm_medium=email&utm_campaign=20230607&key=393778f0-abf5-4b9b-b261-9fc3031d5c29&mkt_tok=MzA1LVpYWi00NjYAAAGMNQtdT4ff486SPmreNLj1RxB02S5UuWT-dp6v98QDwmcDVeFLZD6BIB6MZ5ANZtJSDvpPoexWaUKRl13OrvrnbeN7G6Aa5qAvmEdVAnLJlA
A Nursing home can not make you sell a home. They receive Dads SS and any pension to help cover his care and Medicaid pays what they pay. By allowing Medicaid, the Home has excepted a certain amount. They have no reason to ask you to sell your home. Medicaid allows the home as an exempt asset while the recipient is alive.
If the disabled child was not mentioned in the initial application, you need to inform them now. And the Guardian needs to learn the laws of Medicaid. Yes, I agree each state is different so talk to Dads Medicaid caseworker. But I have given u some basics.