In PA, my understanding in relationship to the "sibling exemption" rule to transfer her home to me (she has it willed to me in her Last Will) I must have lived with her in her home for 1 year. Does the months she has lived with me because she requires 24/7 care (dementia) count? Are there any exemptions to this exemption? I rent & have a lease so I could not move in her home & her home is too small for 2 of us & the laundry room is in an old cellar & she fell down steps 4 times last year. I am "spending down" her annuity to add laundry room to 1st floor (the living quarters of house will be all 1 floor). I also have had to close my "resale store" because she requires 24/7 care, home health care programs (PT, OT, ST) so I pay myself for 24/7 caregiver services & rent (as suggested by social worker) because I have a lease for my store & must pay it even though I am not open for business.
I am doing everything possible, so Patty has the best quality of life & live as independently as she can. Also, I love my store & want to enjoy the lifestyle I had prior to Patty becoming ill. Patty has had 2 UTIs since March, each required I.V. antibiotic therapy, which I was responsible to administer.
Due to her annuity, she does not qualify for Medicaid; therefore, all of her needs & care are paid out of pocket. I know she is going to require nursing home care soon (I calculated her monthly expenses including 24/7 caregiver services in her home) & I may be able to keep her at her home for 10 - 12 months.
Patty has worked for 25 years in a group home setting for mentally challenged population & I don't want the State to take all she has worked for.
I am 70 years old & my store has always been my lifelong dream. I finally made it a reality & it appears I may have to choose my love for my sister or enjoying my life dream & my quality of life. As it is now, I feel as if I am as ill as Patty because I am confined to my home & caring for her 24/7. There are no family members to assist me. Patty's best friend & our sister-in-law, her sister is married to our brother has sat with Patty so I can run errands & have a couple hours free time twice a month. I feel myself aging as well. I have held 2 adult sons in my arms as they died from cancer, held my sons as my oldest & youngest buried their daughters (less than a year old & 5 yrs old from medical conditions). There is nothing more heartbreaking than losing your child and witnessing them bury their child. I have remained strong & believe if God brings it to you, He will get you through it. I am human & sometimes ask "why" knowing I shouldn't.
Any feedback would be greatly appreciated & wanted.
God Bless & thank you
"In common usage, a caregiver is someone who cares for an adult with health or functional needs. Conversely, under the caregiver child exemption, a caregiver is an adult child who lived in the parental home and cared for them for at least two years before the parent moved to a nursing home or assisted living facility. This care must be substantial enough to delay the senior person’s relocation.
Under the ruling, a caregiver must be a biological or adopted child. Therefore, stepchildren, foster children, grandchildren and other relatives are not eligible for the caregiver child exemption, even if they live in the senior person’s home and provide care.
The home the qualifying caregiver lives in must be the senior person’s primary residence. These include condominiums, mobile homes and separate apartments in the same complex but do not include summer or vacation homes."
Thamks
"How Does the Sibling Exemption Work?
To qualify for the sibling exception, the sibling must have an equity interest in the home. This means the sibling is part owner of the home, with the siblings sharing ownership. In general, proof of equity interest might include a deed (a legal document) indicating ownership, cancelled checks / money orders showing payments for mortgage and / or utilities and / or taxes, or proof of payments for home upkeep / improvements. Based on the state in which one resides, proof of equity interest may vary. For instance, in New York, equity interest is defined by the ability to receive a portion of the proceeds if the home were to be sold. Evidence of this is the individual’s name on the property title.
The sibling must also have lived continuously in the home for a minimum of one year immediately preceding the institutionalization of the other sibling.
The term “institutionalized” can be a bit misleading. While it does encompass persons who are nursing home residents and persons residing in a medical treatment facility who require a nursing facility level of care, it also includes persons who receive home and community based services (HCBS) via a 1915(c) HCBS Medicaid Waiver. This means that the individual may continue to live at home with Medicaid-provided long-term services and supports. Persons may also live in adult family care homes (adult foster care) or an assisted living residence.
When the above conditions are all met, the full title of the home can be transferred to the non-institutionalized sibling, giving that sibling full ownership of the home without jeopardizing the other sibling’s Medicaid eligibility. Note that the home can be transferred before or after Medicaid eligibility has been established. Either way, if all the conditions of the sibling exemption have been met, the transfer of the home will not impact Medicaid eligibility.
A sibling can be a biological or adopted sibling of any age. It is unclear if a step-sibling qualifies."
The first sentence says it all for me, you must have an "equity interest" in the house. In other words, you need to partially own it. It also says the sibling has to have lived "continuously" in the house for 1 year prior to to the other sibling going into a NH. So ur sister staying with you would not apply to that year. You must stay in her house.
I think what you need to do is see an elder layer. I hate to see you give up everything to find you have no right to her house. Medicaid is federally funded and they have criteria. States have some leeway, but basically the same rules.
On the resale resale shop. Would it be at all possible for you to sublet it to someone? Alot of sm. biz shuttered down due to Covid and now cannot find a storefront to reasonably rent.
fwiw on the preciseness of details…. for the caregiver exemption in TX you had to be able to show ID or DL with the address for 2 years prior to the elders entry into a NH and could not have a FT job elsewhere (as your “job” was caregiving) plus also have a document from the elders MD or SW with details as to the care needed for the 2 years and it had to have their signature and state license info. It is a different exemption but is an example of just how precise things need to be. The devil is very much in the details on doing stuff like this.