My brother wrote up a caregiver agreement with my mother six months before she went into assisted living. One year later she went on Medicaid. Now he’s selling her house and claims to keep the proceeds as part of his caregiver agreement with mom. My question is does he have to show accountability for his time spent? He did live with mom two years prior to her going into the facility. She lives in Florida and I want to move her back to New York and I’m concerned about the five-year look back. I don’t want her eligibility at risk because of this arrangement.Thank you
If he had an agreement for care and received that money already then Medicaid must have excepted that agreement but they probably will not allow him keeping proceeds of the house. That part of the agreement is probably considered null and void at time Mom went on Medicaid. If the agreement was based on the sale of the house and he never received payment, now that may get sticky. He will now have to show Medicaid that agreement and they will determine if he will get that money. Hopefully it was done by a lawyer. The proceeds go towards Moms care. Lets say he gets 100k free and clear, Medicaid will stop, those proceeds spent down, then Medicaid resumed.
Him living with her as her caregiver only comes to light when he wants to remain in the house. That he must petition for, unless at time of filing Medicaid was made aware of this. This does not mean he owns the house. He must show he can afford to pay taxes, upkeep and utilities. When Mom passes, a lean for her care, will be put on the house. When brother dies or the house sold, the lean will need to be satisfied.
Brother needs to sit down with Moms caseworker to find out what he can and can't do. If he doesn't and your State has Filial laws that make children responsible for Moms care, you may be held responsible for the cost of Moms care eventually. There is a post on the forum where this happened recently to a poster.
Now you taking Mom to live with you. Medicaid does not go over state lines. Yes, its federally funded with federal guidlines, but each state handles their own Medicaid and can invoke their own rules and regulations. You need to check out with your State Medicaid what the rule is for residency.
https://www.agingcare.com/questions/i-just-got-a-certified-letter-saying-i-need-to-pay-for-dads-last-year-at-nursing-home-and-dont-know--451732.htm