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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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.

[b]But make decisions quickly while your mother still can legally make decisions for herself.[/b]

Sorry you're dealing with this and good luck.

[/quote]

Exactly, and her state has a 30 month look back.[/quote]

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

What is needed is a POA.[/quote]

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.
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