Mom had a CD for $5,000 with my name on it but p.o.d. (payable on her death.) She considered it to be my CD. Over the years I used it for collateral on loans. 3-1/2 years ago I wanted to use it for a loan again, but she said it wasn't earning hardly any interest on it, so why not just cash it in. So we did. She also had a $5,000 CD with my brother's name on it, also payable on her death. She also decided to cash his in for him. She figured it was her choice to forget about the payable on death, and cash them in for us. When she got the cds, it was probably 10 to 15 years ago. Had she not put p.o.d. on them, and just had our names on them, there wouldn't be a problem. But now she needs nursing home care. Is this going to be a problem, even though our names were on them? And if there is a penalty and she has no way to pay the penalty, then what? Is she out on the street, so to speak? I'm disabled, and my brother has no money. So we have no way to pay it back. Mom put the house in our names 10 years ago with her having a life estate. That was her only asset, other than a car valued at about $1,000. So she has no way to pay a penalty. So if no one can pay it, what happens next? Because she put the house in our names while retaining a life estate, we can't sell it till she dies. And we're broke, so have no money to pay for upkeep. Her mom lived to be 96, so we might have to hold onto it for another 9 years if she lives as long as her mom. We can't afford our own places plus hers. I live in a trailer with my disabled husband and don't want to sell my place and move into hers. When she dies, we'd sell her house (not a trailer) and then I wouldn't have my trailer to move back into. My brother has a nice double wide on its own lot and doesn't want to sell his place either. Neither of us can get a loan so we have no way to pay the cds back. Mom is 87 and can't get a loan either, for the penalty. So what happens when no one can pay the penalty??? Does that mean mom can't go into the nursing home? Is there any way around the life estate? Could she put it in my name (since I'm disabled would that exempt the transfer to just my name with no life estate) so that we could then sell it instead of waiting till she dies? This is all so confusing, she's in the hospital and they want her in the nursing home within days.
Advice here is well meaning but not all the time correct. Without the full picture no one can advise you.
However here is what I’ve observed with my Mom:
Hospitals look at it as “OK, we have treated her and taken care of whatever she came into the hospital for… so our obligation is finished. It’s the patient’s and or families problem now.”
They tried this with my Mom who is 94. She was weak and could no longer walk (in a wheelchair) so I asked them to have her evaluated for mobility and strength by Physical and Occupational Therapy (This also added three more days to her hospital stay). My argument was she could not go to home as she is now weakned for where she was prior to her injury and needed therapy to build her strength back up.
I told mom not to sign ANYTHING without me approving it and refuse discharge. However, It didn’t come to that, they evaluated her and agreed to transfer her to a Rehab Hospital. Medicare will pay for up to 100 days care (We are in California). Unfortunately for various medical reasons mom ended up using all 100 days. The Rehab Hospital also tried to discharge her and we politely refused to accept the discharge and applied for and got her on MedCal ( state assistance). She spent all almost a year there.
Do not let them discharge her. Most will try to get the family to commit to take care of her. This is not something you should jump into lightly. Have her refuse to be discharged do not allow the hospitals ‘so called’ social services talk you into discharge without confirmation that she is going to a rehabilitation hospital …or a place of need for her condition and where the money is or will be coming from.
Her financial problem is not their problem until you make theirs. They will try to put the burden on the family . However, if the family is like yours and cannot afford it financially and emotionally, there are other options. Remember, these ‘in the hospital social people’ work for the hospital and the hospital’s best interest. Your county social services may need to get into the loop too.
BUT BEFORE YOU DO ANYTHING SEE AND ELDER LAW ATTORNEY!
If neither of you can care for her in your home, perhaps you can borrow against the home she gave to you.
See an attorney who specializes in ELDER LAW and/or Medicaid. The specialty is important. They should talk to you for free and tell you what can be done.
The penality is money, not time. So, moving her into your homes will not satisfy the lookback....until 5 years have passed. Then those gifts will no longer count.
Or..each of you equally take out personal loans to pay the nursing home until the same amount of money has been used for her NH care.
I seem to recall that there are hardship provisions that can be claimed in a Medicaid application. The NH business office may be able to assist you, or you may need to seek out an eldercare attorney who deals with Medicaid applications.