My mom has been a permanent resident at a nursing home since last June. One brother from another state is living there. Another brother who shares a bank account with my mother and is POA has been paying rent on her apt. that she won't be returning to unfortunately. He told me that a lawyer informed him that people do this because they have hope of returning to their home/apt. I don't believe this to be true. I believe that all that rent that was paid is going to have to be paid back to Medicaid. It would come from the $15,000 and change that she's allowed to have. I want her to have all that money for herself since she'll only be allowed to have $50/month. It is not because I want that money someday. I would 100% agree to have any leftover money go to St. Jude, her favorite charity. It can be done. Besides there is no amount of money that would ever make me feel better after losing my mom. I'm shaking at the thought as I wrote "losing my mom". Someone tried to tell me that my brother that's living in her apt is stealing from my mom and she doesn't like people taking advantage of seniors. I defended the heck out of him. Shame on me because I get it now. Whether intentional or not it is a form of stealing I think. Any thoughts or suggestions? Thanks very much.
Edit: Just in case, nursing home Medicaid is still being processed since last summer. --- I hope I'm wrong about anyone stealing. I always proudly told people that a lot of adult children try to protect inheritance. We didn't. We did the opposite. (That's why I hope my brothers are not knowingly doing this to my mom.) She could have given us (3 brothers and me) each $25 in 2014. We didn't take it in case of anything. We would have been ok with the 5 year mark. Also, my brothers don't know that before that money was spent down, I could have had it in a trust all under my name only. There better be a seat in heaven for me. I know the question might come up as to why I didn't do that rather than let the state take it. I'm just not sure why. Thanks again.
If she had 100K, thats a good bit of $ and she possibly could be still in spend down. 100k plus a high amount monthly income could keep her private pay & in spend down for a year or year & 1/2 depending on what NH run in your area. If this is the case, the issue of whether paying rent for her old apt - which a son lives in rent free - may not have actually become an issue for Medicaid eligibility. The look back on her finances hasn’t happened as she’s still in spend down. Her application is on hold till she’s down to whatever the max assets allowed for her states LTC Medicaid program. Most states have this at 2k. You mention 15k. I’d suggest you clearly find out what the maximum asset limit is for her state and figure out when between what $ is left and her SS & other income as to just when she’ll hit the asset max for Medicaid. That’s when the past spending will become an eligibility issue...
Nothing about a rental apartment is an exempt asset for Medicaid eligibility. It's just a debt. How long was the most recent lease for? A year? If so, since your mother is in a nursing home since June 2018, I cannot think of any legally valid reason that anyone could renew that lease/rental past its one year term.
Step up, call the landlord. Make sure that any lease renewal past the most recent renewal, is not in your mother's name. And it does not matter if someone has a POA. You just tell that landlord that your mother moved to a nursing home in June 2018 and nobody has a legal right to renew that rental/lease. And, then find out if last months' rent was already paid by your mother, and a security deposit. And, the concept of "intend to return home", as others have said, has nothing to do with rentals.
I know, I sound harsh: but, seriously, step up. Once the landlord knows that there is a family dispute, and possible legal issues, I bet that the landlord wants nothing to do with your family.....not matter who is right or wrong in your family.
Good job and kudos to you.
I can't believe that an attorney told your brother that people continue renting an apartment with the hopes that they will be coming home. A house you own is an entirely different story.
It is time to ask them how moms care is going to be taken care of if Medicaid penalizes her because they misappropriated her money. It is pretty simple, are they going to take care of her or are they able to repay the money?
I would contact the social worker and ask exactly how it works in your city. Then you can talk to your brothers with full knowledge of what exactly is going to happen.
I personally believe that your brother is taking advantage, he's not paying his own way and I find that to be an ugly thing in a male. Couldn't honestly call someone doing that a man, because in my book a real man wouldn't live off his mother. Just my personal opinion.
But in all reality the bank of mom needs to close and all of her money goes towards her needs.
I don’t know if keeping the apartment that she has a lease on is one way or not. I’ve never read that before. I have read that when she goes on Medicaid she would not be responsible for any debts so if she had to break a lease that would not be a concern unless someone had co-signed it. Then it still wouldn’t be on her.
However, if your mom needed to spend down $15,000 it should be spent on her. Dental care, new glasses, a new wardrobe, a better chair, etc. attorney fees, funeral expenses. These are all appropriate ways to spend down before qualifying for Medicaid. If she hasn’t already been given Medicaid how is she paying now? Is she in a Medicaid pending bed? I thought that came after the spend down. It’s difficult to know what is happening without all the information.
I hope it all works out for your mom and that your brothers aren’t jeopardizing her care.
the OPs issue is solely about the apartment that her mother (by way of her brother) has been paying rent on while she’s been in a Nursing home.
If your mother gave your brother POA and shares a bank account with him how are your brothers “stealing”?
Rent isn’t considered an asset to Medicaid, right?
Sorry, I’m just confused 🤷🏼♀️
Hope you and your family can reach an agreement on this that works well for all of you 🙂