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You need to talk to a Medicaid savvy attorney in your state. From other posts I have seen here, investing in a child's home is not allowed.
However if you set up a caregiver contract or rental agreement, that covers her paying room and board, then you could perhaps be reimbursed over time. But you want this done properly and include in the agreement what is covered, what is not and what woudl indicate that it is time for hired care or a facility.
Is there a medical rationale for any of this? An argument can be made that a tenant may pay for adding accessibility features for their own use and for restoring the property when they move out. So if wider doors and a ramp are needed for wheelchair access, or carpet in a room or two has to be replaced with vinyl because of Mom's allergies, maybe ...?
My guess would be that $500 for a door or three would pass scrutiny while a $10,000 parking area would not. Replacing a too narrow door gouged by a wheelchair might be ok; I'd document the damage and repair.
If Medicaid is anticipated and there’s already some $ moves that seem problematic, imo just stop trying to DIY this and call about to find a elder law atty that does planning for future Medicaid eligibility. Ask abt this as often elder law attorney are more about estate planning, lowering death taxes or setting up trusts.
Why? Well for LTC MedicAID, the State is going to want usually 5 years of your moms financials submitted along with her application.... like years of bank statements, paperwork on any sale or property transfers, taxes filed, “awards letters” from SSA / retirement/ pensions. The Medicaid caseworker looks for any $/asset move that looks like it could be “gifting”. That $ to you or paid to a vendor for home repairs, will surface and be an issue as caseworker has access to state database on property ownership & mom doesn’t own a home that legitimately has costs to maintain. It’s a red flag. It looks like She’s gifting $ to pay on a property that is not owned by her.
Your mom can pay you to be a caregiver or pay rent. She has income, like SS$, to use for this. But it needs to be done in such a way that it’s ok for Medicaid and legal. Which is better - rent.? or caregiver payment? - to me is interdependent on your own Financial situation, as both have tax reporting to be done. It’s something that the atty will have insight on.
Some states have an equation that caseworker uses to determine what is a reasonable amount of “assets” they should have over time. If mom sold her home, the state database will have that info and to the penny. If she gets SS$ or other retirement, state requires that info to be submitted with her application. #’s input to the equation. Like say mom sold her home for $300K 3 years ago and gets $1200 a mo in SSA, & has no other investments but lives in her sons home rent free and has no contracts to in-home care agencies or caregivers.She hasn’t been paying for IL or AL. She’s on Medicare and a reasonable Medicare supplement. So roughly this mom would have had $360,000 in $$$ over past 5 years. Medicaid doesn’t expect her to live on air but maybe on $1600 - $1800 a month. Perhaps 2k a mo. 95k -120k over 5 years. Mom should still have $200k - $250k in “Assets”. If she’s down to the 2k maximum in “assets” Medicaid allows for an individual’s LTC Medicaid application, the equation will red flag her application. Math doesn’t make sense; she should still have $$$. She (you as her dpoa) will have to show reasonable paperwork over the 5 yr period as to just where all that $$$ went and was ok for Medicaid eligibility.
Her $ has to go for her needs, her property or her care. Attorney will have legit options for y’all to think about. Plus she can have all other legal done or refreshed. Her paying for an atty is legit use of her $. Good luck & it’s really good you are dealing with this now ahead of her ever applying.
I sincerely doubt that a check written to a carpeting company would be looked at askance by medicaid in a 5 year lookback. Widening of doors can be looked at as wheelchair accessibility. The point is now that whatever Mom writes out a check for it should be with diary explanation kept as to WHY this money is being spent. For instance : Fall preventing carpet. Wheelchair accessible doors. On the check. Copies kept. All receipts in a folder. What I am saying is that there must be a reason. A visit to an attorney would help. You must be careful. You cannot count on the advice of forums because mistakes are catastrophic. As I said, an attorney. Keep careful records and diaries. Folders for receipts and copies of checks. You cannot afford mistakes.
Alva, medicaid will look at a check written to a carpeting company simply because of the amount of the check. The amount is what flags the check in the first place.
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.
However if you set up a caregiver contract or rental agreement, that covers her paying room and board, then you could perhaps be reimbursed over time. But you want this done properly and include in the agreement what is covered, what is not and what woudl indicate that it is time for hired care or a facility.
Is there a medical rationale for any of this? An argument can be made that a tenant may pay for adding accessibility features for their own use and for restoring the property when they move out. So if wider doors and a ramp are needed for wheelchair access, or carpet in a room or two has to be replaced with vinyl because of Mom's allergies, maybe ...?
My guess would be that $500 for a door or three would pass scrutiny while a $10,000 parking area would not. Replacing a too narrow door gouged by a wheelchair might be ok; I'd document the damage and repair.
Why? Well for LTC MedicAID, the State is going to want usually 5 years of your moms financials submitted along with her application.... like years of bank statements, paperwork on any sale or property transfers, taxes filed, “awards letters” from SSA / retirement/ pensions. The Medicaid caseworker looks for any $/asset move that looks like it could be “gifting”. That $ to you or paid to a vendor for home repairs, will surface and be an issue as caseworker has access to state database on property ownership & mom doesn’t own a home that legitimately has costs to maintain. It’s a red flag. It looks like She’s gifting $ to pay on a property that is not owned by her.
Your mom can pay you to be a caregiver or pay rent. She has income, like SS$, to use for this. But it needs to be done in such a way that it’s ok for Medicaid and legal. Which is better - rent.? or caregiver payment? - to me is interdependent on your own Financial situation, as both have tax reporting to be done. It’s something that the atty will have insight on.
Some states have an equation that caseworker uses to determine what is a reasonable amount of “assets” they should have over time. If mom sold her home, the state database will have that info and to the penny. If she gets SS$ or other retirement, state requires that info to be submitted with her application. #’s input to the equation.
Like say mom sold her home for $300K 3 years ago and gets $1200 a mo in SSA, & has no other investments but lives in her sons home rent free and has no contracts to in-home care agencies or caregivers.She hasn’t been paying for IL or AL. She’s on Medicare and a reasonable Medicare supplement. So roughly this mom would have had $360,000 in $$$ over past 5 years. Medicaid doesn’t expect her to live on air but maybe on $1600 - $1800 a month. Perhaps 2k a mo. 95k -120k over 5 years. Mom should still have $200k - $250k in “Assets”. If she’s down to the 2k maximum in “assets” Medicaid allows for an individual’s LTC Medicaid application, the equation will red flag her application. Math doesn’t make sense; she should still have $$$. She (you as her dpoa) will have to show reasonable paperwork over the 5 yr period as to just where all that $$$ went and was ok for Medicaid eligibility.
Her $ has to go for her needs, her property or her care.
Attorney will have legit options for y’all to think about. Plus she can have all other legal done or refreshed. Her paying for an atty is legit use of her $. Good luck & it’s really good you are dealing with this now ahead of her ever applying.
As I said, an attorney. Keep careful records and diaries. Folders for receipts and copies of checks. You cannot afford mistakes.