I have been living with my mother for many years.I have 2 brothers, one living. He is not active in her care or well being. I am unable to see her or be involved in her care at this time because of a comment that she made in a state of delirium that is under investigation and awaiting results from tests. We were working on me getting power of attorney for her,but her condition got worse before we could.I need to secure care for her,I do not know what would be best Medicaid or guardianship. I want to take over ownership for her home but don’t know how to do this.
Medicaid is a program that pays for necessary care for someone with no money or other assets. The court appointed guardian can apply for Medicaid.
You can not have her house. She isn't in a position to gift it to you and if she has no money to pay for her own care the house will have to either be sold to pay for care, or sold after her death to reimburse Medicaid for all the money they paid for her care.
Your best bet is to talk to an Elder Lawyer.
There really is no other way to take over ownership, unless it's by inheritance after her death. However, if she needs to pay for nursing home or other care, the house will need to be sold first and the money used before she qualifies for Medicaid.
As mentioned, if she met the qualifications for needing full time care for the past two years and you can proved that you provided it, thereby keeping her out of a nursing home, you may be able to stay in the house, but it would still acquire a lien that you would have to pay off.
This is tricky stuff and there are more details and exceptions than what I just wrote, so you really need to see an attorney. I assume you have an attorney dealing with the current issues? He or she can probably advise you on these various scenarios or confer/refer to someone else who can.
It's a shame when a long-time situation goes south and gets complicated like this. But it happens, and you need some expertise to sort it out.