So, my mother has been in a vegetative state since 2016. She didn’t have a real will, but co-signed on a house trying to prevent a financial mess for my younger sibling and his girlfriend. After a medical, mess she is now in a vegetative state. She never had a POA and can’t consent to one now. We are fearing Medicaid will take control of the property. If we tried to get grated POA guardianship could I, one of the siblings or my father manage that agreement to officially go to my brother as per her request in a final letter before Medicaid tries to collect back pay and takes the property? Are we out of luck? My brother and is gf, who is the other co-signer, has made all the payments. Not one came from my mom. The town won’t even let her apply for the tax reduction discounts without my moms signature.
There are other issues I’d be way more concerned about:
- it has 3 owners - mom, your brother & his gf
- can your brother and his gf always pay all costs on the house
- mom in a vegetative state will be unable to legally sign any documents to ever sell or transfer her share.
And
- mom has no will, so when she dies how her State runs heirship will matter as to who her property goes to. For that you need to speak to an elder law or probate attorney in her state about. It may be that it 100% goes to her husband but it may be 50% to her spouse and the other 50% dividing to all her own children. It’s a state law issue.
- mom is on Medicaid, which Medicaid program? If she is on LTC Medicaid or she will be applying for it, this is the one that pays for custodial care in a NH, that one is required to attempt recovery of all costs paid from any assets from her after death assets, like the house.
BUT
In order for that home to be OK for LTC Medicaid as an exempt asset, it would need to have been moms homestead prior to her entering a NH. It cannot be an investment type of property. Was this place her home? Just how was it reported on her application? Her % ownership of a home would be an asset. So that house she owns with your bro & his gf falls into that category. But if was not her home, it should be a nonexempt asset and her 1/3 value sold and then spent down in order for her to be eligible for LTC Medicaid. But she’s not cognizant to ever do anything like this, so your family will need an attorney to deal with this mess.
If this place is not and was not her homestead, it may not have surfaced yet, but it will eventually and become an issue for her Medicaid eligibility. That’s going to be a difficult issue to deal with and not imho a DIY to get through. You live in an entirely different State than your mom and this drama, right? Someone who is a legal resident in your moms State needs to run herd on this problem, and set up an appointment with an attorney to start to sort this out. It’s way too convoluted.
If she's been in a vegative state since 2016, I'm assuming she is in a facility and already on Medicaid. Who is currently her guardian? The county? The facility?
I'm not sure you'll be able to wrestle away guardianship from whoever has it currently without a good reason. Pursuing guardianship can be expensive and if your Mom doesn't have the funds, who is going to pay for that? It can cost in the thousands.
Medicaid usually puts a lien on the home in an effort to repay itself back. You will need to know whose name is actually on the title because this is who it is going to affect.
More information from you to clarify the situation would be helpful, but in the end you really need professional legal advice from an attorney.
Legal questions are best asked of an attorney rather than just a group of unknowns on a Forum. So for anything complicated at all please do that. Wishing you the best of luck.
Is mom in a facility? Does dad still live in the community?
It seems like guardianship might be the only answer.