I took care of my grandma for around the last 7 years as a live in care giver. She finally got to the point I couldn't do it anymore and the family put her in a nursing home. The nursing home said as I'm her grandson and was a live in care giver for so long that I get to keep the home. Medicaid is trying to say as I'm a grandchild not child that no I don't. Now when I was 5 the courts gave my grandparents legal guardianship of me, but not adoptive. That's part of what Medicaid is trying to use against us. Also I'm on disability myself and have been for 15 years.
Are you talking to your Medicaiid caseworker? You might need to find an eldercare attorney to help with this.
Also an atty may be good cause IF gran has legally had you as a disabled dependent of hers, you should be able to get some of her SS income to go to you instead of all her $ going to the NH for the required by Medicaid copay or SOC (share of costs). It’s probably a very rare situation where the elder has a legal dependent child or grandchild but it does happen. Not a DIY to get through, you need a savvy atty, like CELA or NAELA level to work through the paperwork.
If you have the means to pay the monthly costs on the property it might be easier just to wait till she dies to deal with house transfer if your states Medicaid is being supremely difficult even with an atty.
Grannie does NOT have to sell her home in order to be eligible for Medicaid. As far as I’m aware, medicaid in all states allow the elder to continue to keep their home as an exempt asset for Medicaid. She does NOT have to sell house. The butt rash in this is that Medicaid requires gran to have all her monthly income go to the NH as the required copay or SOC (share of cost) under Medicaid rules. So gran has zero-none-nada of $$ to pay on anything house anymore. Family & heirs will have to cover all property costs on the house still remaining in grans name (but should get to keep whatever elderly exemption on house in her name). And you / family pay all costs from day 1 of medicaid till past her death. As you will then file for the disabled heir exemption to Medicaid’s Estate Recovery program aka MERP once she dies. And if Medicaid still won’t work with you, then you contact the probate atty your elder law atty recommended and take grans valid will and open probate and then everybody has to abide by probate laws and probate judges orders. Even If Medicaid has placed a lien on the property, once probate filed, everything then has to go into probate to be distributed is my experience. Every cent you pay on the home once she dies is a debt of the estate that you or anyone else who paid property costs can file in probate. With the right paperwork done now, all the costs you pay on property while she’s alive might also be a separate claim against her estate filed for probate too. If your executor, your claims will likely be priority paid before unsecured claims against the estate (Medicaid is unsecured) are paid. If it’s an independent administration for probate, the executor has a lot of discretion as to how & when distribution is done.
Stuff like this isn’t a DIY, you need an atty, like CELA level.
My disabled cousin lived with his Mom until she passed. Medicaid is allowing him to stay in the Home as long as he maintains it and pays taxes and bills. If he should ever sell it, the lean Medicaid has on it will have to be paid back.
There is so many different scenarios when it comes to Medicaid. First all Game's SS and pension will go to her care. She will have no money for upkeep on the house. Can you afford taxes and utility bills? I think being her caregiver should count for something. Disabled is another. Not as a child or grandchild just as disabled. I was told my nephew may be asked to pay rent based on HUD guidelines. But the rent he would have paid outweighed what he received in SS.
I think it would first be smart to set up an appt. with a Medicaid caseworker. If Grandmom is on Medicaid for her care I would ask for that caseworker. I perfer talking one on one instead of a phone. It becomes more personal. Make a list of your cocerns.Ask what rights you have as her former caregiver where the house is literally you home. If you can't get anywhere with them or can't meet the demands then consult with a Medicaid attorney. I would ask a family member to go with you.