I and the power of attorney of my mother who is 92 years old she has dementia hospice is involved area and aging is involved due to my siblings trying to get me in trouble but my question is my house I've owned for 28 years she's never lived here never paid a bill never paid a mortgage nothing I've always cared for the house myself but five years ago I asked her to take a mortgage out on the remainder of my home for $60,000 so I could get my ex partner off the mortgage my mom was of sound mind at that time and was approved we never did get around to taking her off of it but now she has dementia and I had to move her in with me about 7 months ago to care for her around the clock by myself but if she were to go in a nursing home will they come after my home even though my name is on the deed with her but the mortgage is in her name but I can prove that no money has ever come from her from the 27 years I own this house subtract the 5 years that she was on it no bills were ever paid out of her account no money was ever given to me to pay for my bills or my mortgage will I still lose my house if my mom has to go to a nursing home or is there somehow I can fight this the house is mine and I was keeping it and then going to sell it in the next year or two to get a smaller place without a mortgage and I'm scared now that the only thing I work for in my life that I have is my house and the equity and that they can take it if it comes to the point where I can't handle my mom anymore which I don't want to happen I want her to stay here with me I'm on disability and that was why I asked my mom to take the mortgage out no one told me there were other things I could have done to get the other person off the mortgage and I'm still on disability and my mom lived at another place for the last 18 years that can be proven and paid rent there for her own apartment. I'm so scared this isn't fair. I can't even get help for in-home care because I'm afraid they'll use my home as a way to pay back they care that I get in the home so I'm left by myself caring for my mother no help no family help no services hospice doesn't give in home care I'm on my own I don't know what to do I don't have money to pay private caregivers I need help
Soooooo if y’all get any letter from Co tax collectors or from the Co appraisal district, do not ignore it. It will be sent to the home or to the address in file for property tax bill. There should be Questionnaire + submission Form within correspondence for doing this. It is very time sensitive too. If it’s not done, the property taxes will increase and significantly plus the way prop taxes can be paid will change as well. Like no more option to pay money or quarterly if no homestead exemption exisits.
also next year when moms annual renewal for LTC is done, there will once again be a question as to her exempt assets status. State Medicaid will want a copy of the last Tax Collector bill. And once again a new Right of Return document has to be submitted. FWIW the State has a form for this, you do not have to have an attorney do it.
Remember for the Lady Bird, as mom will have a Share of Cost / Resident Liabilty of all her mo income less $75 under LTC Medicaid rules, mom will have zero-none-nada of her $ to pay anything house. That $75 is restricted spending so should not be used for anything “house” as Medicaid is paying for her room & board. If, in how the LBD was done, there are siblings who will be equal % heirs of moms home for that eventuality, and one of them (or their spouse) do not want to pay or cannot pay the many costs to having property or do their share of upkeep, they realistically do not have to BUT will still inherit their % share as legally it was done as this. You know your family best and if this is apt to happen. Whatever the case, someone in the family has got to make sure to pay all property costs and keep it maintained. And be able to pay & do for as long as mom is alive and then about 6mos - 12/18 months (perhaps more) after her death. Even with the LBD, the State will still do their required attempt to do Estate Recovery. Your atty may have separate fees for this part, so ask. If your mom lives the average of 2.5 years in a NH, imho you have to be able to pay all for 4 sequential years. Lady Birds sounds all fabulous, but you have to be able to afford it. In a way it’s like having a second home and all its many costs but you do not yet own it. For a lot of folks having a second home is just not something doable.
Insurance - like homeowners - can be sticky to keep in force. There are others on this forum with recent experience as to this.
It would not hurt to talk to an Elder Lawyer.
If you are listed as joint tenants, then when one of you dies, the surviving party has full ownership.
You don't say that her name was added to the deed, just to the mortgage.
Secondly, if you are concerned about Medicaid eligibility for your mother, the house, if it is in her name and yours, and you can prove that you have lived there as your primary residence, you have paid the bills, Medicaid will allow you to retain your primary residence. That is, they will not force your mother to sell it as an asset before receiving benefits. However, if the deed is in her name, it is possible that Medicaid could place a lien on the house to pay back any benefits after she dies.
You would benefit from seeking advice from a certified elder attorney in your area. Take a copy of the deed to your house with you. You should get a clearer answer on how to protect your home.
Your mother is holding an asset that can be spent down on her care and it will have to be before Medicaid will pay. Have her removed from the mortgage as fast as you can and do your best to keep her out of care for your state's Medicaid Look Back period.
Then consult a lawyer who specializes in real estate and estate planning because you need one.
You posted “I ask her (mom) to take a mortgage out on the remainder (60K) so I could get expartner off the mortgage”. Mortgage companies really don’t allow for ownership names to be easily just swapped out. Lending is done based on applicants credit review so removal of an owner still living will require remaining owner to show they themselves can pay mortgage but will take into consideration the equity. Result will be cancellation of the old with new mortgage issued or an addendum to the existing mortgage issued. Is this what happened….. so there is a new mortgage that is in BOTH your and your mom’s name? If so how does % ownership read on new mortgage?
OR did mom buy house outright via an assumable loan so paid equity interest to the old owners at the time assumption done? Mom would have been 87 then. Realistically one that age won’t be able to do a mortgage as can’t meet standards for standard 20 yr /30 yr mortgage. But I’m sure there a predatory lender who would….
OR did mom buy house outright for 60K?
What precisely was done? How did property tax bill read 6 years ago vs. how it reads now? Whose name(s) are on the mortgage?
What was legally recorded is what matters on all this. That someone was paying bills, taxes, the many whatevers for a property does not in & of itself make one an owner. If filings at the courthouse read that mom is only owner then 100% hers even if you paid all costs. If it’s 50% hers but you have paid her 50% that is something you chose to do and you remain only 50%.
If she is an owner, should she go into a NH & file for LTC Medicaid then after she dies, her Estate & it’s Executor will deal with the required attempt that all States do for Medicaid Estate Recovery Program. You as a disabled heir or as a caregiver heir (if her will states you are to be her only heir) can do documentation needed for this exemption to become the sole owner of home in this after death process. MERP is an unsecured creditor to whatever % the deceased had of an asset. I’d be way wAAAAAY more concerned if mom is owner with an outstanding mortgage at death as the mortgage is a secured creditor & more than likely going to want mortgage paid off by heirs in full very quickly. If not paid, they will foreclose.
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Hospice is MediCARE. It’s a Part A health insurance policy benefit. In home or in a facility does not matter coverage if mom assessed to meet Hospice standards. HOWEVER if it’s in-home, it will require there to be an abled bodied adult in the home for all the non-hospice staff time. As you stated you are disabled, could be a concern for the hospice agency.
Hospice does not care who property owner is. Hospice is all about the assessment status of the elder and that the place they reside in appears to be safe, secure and provides basics for elder to live there. If she has filed for hospice and there seems to be concern from the agency in coming to the home, my guess is that either the house appears to be in deplorable condition &/or there is concern that the in-the-home family themselves (you) appears to be too disabled to be themselves a caregiver. Often it’s the fire safety assessment that is used…… like if there was a fire would you be able to get both yourself and your elder quickly and safely out of the home.
If your siblings have their own concerns about this and have contacted the hospice agency or maybe APS on this, whether or not mom can continue to live with you may not be your decision to make. If this is what seems to be what happening…… as a suggestion you may want to dial back on too too many references to past financial and mortgage dealings as it makes you look incapable of understanding financial responsibilities.
It sounds like the ex-partner was bought out of their share in the house. Then the mother would have had to be put on the deed in order to have taken a mortgage in her name.
Medicaid, in most states, only covers LTC. Your Mom would have to qualify for Medicaid both financially and medically. LTC usually means they are bed-bound and cannot do any ADLs on their own. A doctor, or the facility itself, decides if someone qualifies for LTC.
Your Mom is not currently in a facility nor is a Medicaid recipient. You are on disability.
"... five years ago I asked her to take a mortgage out on the remainder of my home..."
The maximum look-back period for the Medicaid application is 5 years.
Medicaid won't take an interest in her portion of the house until she passes away IF she becomes a Medicaid recipient. Up until that point I believe they will put a lien on it. Once she passes Medicaid begins an estate recovery process. I don't know how this works when more than 1 person's name is on the deed.
Medicaid doesn't care where your Mom lived that whole time, or whether she paid any bills. If her name is on the deed, then that is considered partly her asset. Just like the IRS would consider it.
You are currently taking care of your Mom all by yourself while being on disability and you are her PoA.
"...hospice is involved area and aging is involved due to my siblings trying to get me in trouble..."
What does this mean? Do you mean you are being investigated by APS? You can't just throw out this comment and not explain it with more details. WHY are you being investigated or your care for your Mom questioned?
The reason no one can help you here is that we aren't getting the full context. There are always 2 sides to every story. You won't get best guidance if you can't be fully honest with us. This is why everyone is telling you to see an attorney: it's because you aren't being forthcoming about critical details,
When I called the Medicaid office because of an issue with my MIL's case, I found them to be very helpful. You should call them. But you need to be very clear about what your actual specific question is. We were on hold for 2 hours (really) but it was well worth the wait and you don't have to pay them like you would an attorney. If the answer you get from them is concerning, THEN you contact an attorney. And if you're being investigated by APS you maybe should also talk to an attorney.
You need to see an Elder Care Attorney.