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Can my mom finish my lower level of my house to live in with her money ? If then she would need a nursing home after a few years, would that be subject to a 5 year look back?

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Yes, since mom is not an owner. Perhaps mom's doctor would write a letter stating mom needs that sort of care provided by a family member? Or another thought check with an elder law attorney. There may be an option for mom to lend the money for the basement finish, then you repay her in the form of providing care and room and board at no cost for a period of time.

Get with an elder law attorney. I wonder about the feasibility and safety of stairs though.
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Besides the Medicaid questions I think it’s a bad idea. If you had a qualified contractor bid this you’d be shocked at how much it would cost. And lower level, stairs, not good for elders. Finally, how long would she be able to live there? One year? Ten years?
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Your mom does not own the property. Medicaid looks at IF her assets were used for her needs, her activities & her property. Doing a renovation to your property like what you described is a permanent change that ultimately benefits you the owner. If Medicaid looks in detail to her banking & financial statements, the funds will show up and likely to trigger a transfer penalty inquiry at a minimum and penalty placed as worst case scenario.

What’s especially awkward for this later on......... as mom has already moved into a facility and has applied for Medicaid so is at 2k in nonexempt assets and has to pay all her monthly income (SS, retirement) to the facility IT MEANS Mom has no-none-nada of $ anymore. If there’s a problem with Medicaid eligibility who is going to pay the NH? Mom doesn’t have the $ as she’s impoverished in order to apply for Medicaid. So can you pay mom’s NH costs while the inquiry runs its course? or till penalty period is over??? If there are siblings, I doubt they will pay mom’s NH costs for a penalty due to a renovation to your home that mom paid for.

If mom were to buy equipment, like a high height potty, bathing aids, Geri chairs, those expenses are ok. Many of these she can get a prescription for and might be somewhat covered by Medicare.

Medicaid doesn’t expect mom to live on air. She should be contributing to her share of household costs. Just how to do that is something to discuss with an elder law atty who knows how Medicaid runs for your state. What seems to be commonly done is for the elder to do a personal care contract between you & mom in which she pays you from her income & assets for caregiving. All above board & done by an atty. It’s a way to do a spend down that benefits all. What you do with the $ paid to you is up to you.... to pay for the renovation, save for kids wedding, put into savings.

It’s good you are thinking about all this now. With NH running from 7k - 15k a month, planning for mom’s probable future is worth doing.
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I definitely wouldn’t add on without seeing an elder care attorney first. We are going through this now. We had requested a permit to have a “temporary” park model for my parents. The county wouldn’t allow it and all we were allowed to do was add on to our home. My mom started preventing nurses from coming in or my dad to get me to help him. It got so bad until we were told if we didn’t get my mom out of the home APS would be called. Now both of my parents are in a memory care unit. We are facing a nursing home for my dad and memory care for my mom but in order to qualify for Medicaid we will have to pay back the money he paid to build onto the house for their care. The lawyer has suggested putting my mom’s name on the title but real estate lawyers don’t want to do that. It has really gotten us into a mess, so no, please don’t do this without a lot of advice.
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My question would be, would Mom do ok going up and down the basement stairs? Stairs usually become difficult as we age. Or is your house a split level, thus half the height of stairs?

If Mom has no issue with stairs, make sure there are safety exists for her to use in case there is a fire. There needs to be a window in the bedroom that is large enough for a firefighter to enter while wearing all their carry-on equipment. Also, have a radon test done to make sure there is very limited radon in the lower level, many people forget to do that.

As for using Mom's money to refinish the lower level, you would need to check with your State Medicaid office as each State has their own rules and regulations. I wouldn't want to find later on that the money given was considered a "gift". I would also seek the knowledge of an Elder Law Attorney for future reference regarding Medicaid, as such attorneys are familiar with the Medicaid maze.
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Go to certified elder care attorney for a full look at Mom's financial situation. If she will need Medicaid within 5 years, you could be headed for problems.
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Lower level with stairs for an elderly person will eventually prove to be problematic.

Medicaid typically does not pay for a nursing home unless the person has had a minimum of a 30 day stay due to medical reasons and/or rehab. You can’t just apply for Medicaid and decide to put your loved one in a nursing home. Also, since your mom has a place to stay, Medicaid may also look at that as a reason to deny. I just went through this with my own mother.

The best thing to do is talk to an elder attorney for more information regarding this and other issues regarding your mom.
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Let alone that it most likely, COULD be deemed questionable by Medicaid, do you really think this to be a valid solution? Never mind there being possibly a few stairs, how is it going to work out with you taking care of mom?  Are you up for that challenge? Are you able to co-habitate?
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Ty for all of the good advice, it's not a basement and has 6 full length windows and a sliding door. It's also about 10,000. From being ready at our expence. I will forsure check with an attorney. I would hope she could live hear gor a long time or the rest of her life. Shes 80 so who knows what tomorrow will bring, but living on her own is not a good idea anymore.
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I did check with an elderly lawyer and the answer is yes, she is not owner, but it is for to live in. Thank you everyone.
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