Reply to FIL divested assets and now has no way to pay for MIL's nursing home care.

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I've posted about my ILs before. My FIL has three adult children, including my husband.

FIL sold his house to my BIL (husband's brother and his wife) 3 years ago. He sold the house under fair market value and gifted 125K in equity to BIL and his wife. The gift was so he and MIL could remain at the home as needed, close to MIL's medical care team. They planned to live in a remote cabin 90 minutes from the city. They found themselves only able to say for 1-2 weeks at a time due to MIL's frequent hospitalizations. My MIL has poorly controlled epilepsy and other neurological issues that affect her memory, balance, coordination, and overall functioning. She needed reminders to eat; FIL managed all the finances. She was not able to drive.

Roughly two months ago, she underwent the preparation for a routine colonoscopy, vomited her epilepsy medication, and went into respiratory arrest. She ended up ventilated in the ICU and was discharged to an acute, long-term care hospital. She now has a tracheostomy. She has come off the ventilator and is not eating. Her cognition is very poor - she knows who she and her husband are but does not recognize my husband. She doesn't know where she lives. She hasn't been able to get out of bed in 60 days or be able to start any speech, PT, or OT. She can't follow a two-step command, which is a safety risk. She is still in soft restraints because her limbs appear to have a mind of their own (she's constantly moving her legs and arms up in the air, whacking the nurses, and trying to pull out her NG tube). The doctors are recommending long-term care for my MIL.

Except—FIL divested 125K of his assets to "keep the family home in the family" and be close to MIL's care team. Social workers told him at the hospital he would be subject to the Medicaid 5-year lookback period. MIL receives social security and disability. FIL has an employment pension and social security. MIL cannot afford a nursing home on her income. FIL is not eligible for the live-in caregiver exemption (if the house is sold to an adult child who acted as a significant caregiver for 2+ years), nor could it be seen as an extraordinary, unforeseen event because MIL's health has declined for the past ten years. They don't have significant savings (less than 50k) and could be penalized at $391/day for about ten months. [b]The only possible way is for BIL to sell the house he bought from FIL and give the money back[/b], then use the funds towards MIL's care until Medicaid can kick in.

Has anyone been through something similar? I have no idea what to suggest to FIL. He is beside himself over this. He has about 2-3 weeks left before the LTACH is looking to discharge her.[/quote]
He can get a home equity loan, both he and his wife can take a 401k loan, or pay the daily penalty for his mother. [/quote]

Before roping back in BIL and his wife, who have suffered already at the hands of OP's spectacularly destructive FIL, it's worth everyone's while to pay for a consult with the appropriate lawyer.
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