Assets and long term care

[Anonymous]

Mom owns a house 50/50 with her live in boyfriend/partner of 30 years. The house is a beautiful cabin he built himself on a gorgeous mountain near state parks so probably has appreciated hugely in the last 30 years. )No zestimate available) Otherwise they are very poor. Poor enough that I send my mom gift cards to be sure she can buy good groceries (they barely miss the food stamps cut off). She's retired and he makes probably $12 an hour as a carpenter.

Mom just had a dementia diagnosis which could mean Medicaid, long term care, etc. She lives very far away and my sister is her POA.

I am going to ask my sister to talk to a lawyer but, is there anything you'd advise folks to look at most carefully in this situation? I'm thinking maybe she and her partner should get married to protect the house.

I don't want her partner to end up having to sell their home to pay for her care. The value of the home may be so high that it has to be liquidated.

Thanks.

[Anonymous]

Per medicaid rules, he can keep the house but they may put a lean on it that when he sells it they'd take the money.

If she has no income and they are not married she might get food stamps but it depends on the state. My MIL got them in another state but didn't when we moved her here.

[Anonymous]

Thanks for replying. We are all just stunned and devastated. My mom is "only" 76 and has had lots of long lived relatives, none with dementia, so this is a shock.

[Anonymous]

Anonymous wrote:Thanks for replying. We are all just stunned and devastated. My mom is "only" 76 and has had lots of long lived relatives, none with dementia, so this is a shock.

Completely understand, my MIL had early onset dementia in her 60's... best wishes.

[Anonymous]

Definitely talk to an attorney. If they get married, in some states the "community spouse" can keep the house + a portion of his/her SSI. The rest of their income and assets go to medicaid facility.

I don't know what happens if they aren't married but own the property as tenants in common. They might be considered common law spouses as well.

But make decisions quickly while your mother still can legally make decisions for herself.

Sorry you're dealing with this and good luck.

[Anonymous]

Anonymous wrote:Definitely talk to an attorney. If they get married, in some states the "community spouse" can keep the house + a portion of his/her SSI. The rest of their income and assets go to medicaid facility.

I don't know what happens if they aren't married but own the property as tenants in common. They might be considered common law spouses as well.

But make decisions quickly while your mother still can legally make decisions for herself.

Sorry you're dealing with this and good luck.

Exactly, and her state has a 30 month look back.

[Anonymous]

I was in a similar situation, you need to talk to an attorney who specializes in this stuff soon. If your mom is physically healthy she may need need long term care for ten years or more, so get the clock started on the Medicaid lookback as soon as possible. It also depends on how much you trust the boyfriend.

Sending you hugs. We were in complete shock too - no one on my mom's side had dementia and both her parents lived well into their 80s. She started showing signs at around age 70.

[Anonymous]

Yeah, you need to talk with a lawyer in the state your mom lives in.

I know I've seen information that in some states, when a person who co owns a house with someone else, not a spouse, applies for Medicaid to be able to pay for a nursing home, they need to state on the application that they intend to return to live in their house (even if they probably won't.). Then the house remains an uncountable asset and when they die, their half of the house just passes to their heir.

https://www.elderlawanswers.com/what-happens-to-the-house-i-jointly-own-with-mom-when-she-goes-on-medicaid-14828

[Anonymous]

Anonymous wrote:Yeah, you need to talk with a lawyer in the state your mom lives in.

I know I've seen information that in some states, when a person who co owns a house with someone else, not a spouse, applies for Medicaid to be able to pay for a nursing home, they need to state on the application that they intend to return to live in their house (even if they probably won't.). Then the house remains an uncountable asset and when they die, their half of the house just passes to their heir.

https://www.elderlawanswers.com/what-happens-to-the-house-i-jointly-own-with-mom-when-she-goes-on-medicaid-14828

Yes, I remember something about this. It never came down to this for our family, but I did look into what was required.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Definitely talk to an attorney. If they get married, in some states the "community spouse" can keep the house + a portion of his/her SSI. The rest of their income and assets go to medicaid facility.

I don't know what happens if they aren't married but own the property as tenants in common. They might be considered common law spouses as well.

But make decisions quickly while your mother still can legally make decisions for herself.

Sorry you're dealing with this and good luck.

Exactly, and her state has a 30 month look back.

DO NOT have them get married as it will make approval more complicated. You don't need an attorney. Just talk to the office that handles the medicaid approval.

What is needed is a POA.

[Anonymous]

They should not get married. I am so sorry about the diagnosis.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Definitely talk to an attorney. If they get married, in some states the "community spouse" can keep the house + a portion of his/her SSI. The rest of their income and assets go to medicaid facility.

I don't know what happens if they aren't married but own the property as tenants in common. They might be considered common law spouses as well.

But make decisions quickly while your mother still can legally make decisions for herself.

Sorry you're dealing with this and good luck.

Exactly, and her state has a 30 month look back.

DO NOT have them get married as it will make approval more complicated. You don't need an attorney. Just talk to the office that handles the medicaid approval.

What is needed is a POA.

Not necessarily. If both. of them co-own the house, and OP's mom is single, half that house is considered her asset -- a countable asset. It's not right that she has to sell that house (where her significant other is still living and owns half) in order to qualify for Medicaid... if indeed that is the case in her state.

If they were married, she could transfer her half of the house to her spouse with no problems (I do believe).

If they had significant retirement or investment accounts, it might be a different story. In that case, staying unmarried would make things less complicated. But the house is the problem because it needs to be sold to liquidate her half of the assets.

You need to consult a lawyer in their state.

[Anonymous]

https://corvallislegal.com/20120516/medicaid-living-together-and-domestic-partnerships


Wow, it is pretty complicated.

[Anonymous]

Get a GOOD lawyer in the STATE OF RESIDENCE NOW! GOOD = SUCCESSFUL track record in qualifying single people in partnerships co-owning a home for Medicaid w/o jeopardizing home ownership.

Do it as soon as possible to trigger the Medicaid look back - the more quickly your mom passes through the five years, so much the better.

I don't think folks should needlessly game Medicaid, but it is pretty dang hard to see surviving spouses/partners/caregivers/adult children on the street when the ONLY asset is sold off. This is one of the PRIMARY reasons that there is little to no intergenerational transfer of wealth in poor and working class families.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Definitely talk to an attorney. If they get married, in some states the "community spouse" can keep the house + a portion of his/her SSI. The rest of their income and assets go to medicaid facility.

I don't know what happens if they aren't married but own the property as tenants in common. They might be considered common law spouses as well.

But make decisions quickly while your mother still can legally make decisions for herself.

Sorry you're dealing with this and good luck.

Exactly, and her state has a 30 month look back.

DO NOT have them get married as it will make approval more complicated. You don't need an attorney. Just talk to the office that handles the medicaid approval.

What is needed is a POA.

Not necessarily. If both. of them co-own the house, and OP's mom is single, half that house is considered her asset -- a countable asset. It's not right that she has to sell that house (where her significant other is still living and owns half) in order to qualify for Medicaid... if indeed that is the case in her state.

If they were married, she could transfer her half of the house to her spouse with no problems (I do believe).

If they had significant retirement or investment accounts, it might be a different story. In that case, staying unmarried would make things less complicated. But the house is the problem because it needs to be sold to liquidate her half of the assets.

You need to consult a lawyer in their state.

You don't have any idea what you are talking about. Read the rules. He can keep the house and live in it. Getting married is the worst idea ever. Have you even done this as clearly you haven't. They don't have the money for an attorney so your advice makes even less sense.