I have a question about the lookback law when applying for Medicaid.My mother lives in PA. We are wanting to move her to supportive careFacility in Lincoln Illinois where she will be close to her family. My mother lives in a duplex house. She occupies one side and my sister and her husband the other.When the house was purchased mom was still working and my sister was notmarried. My mom’s name was on the deed to help my sister qualify for the loan. Also at that time mom was recently widowed, she was handicapped (uses a walker), not able to drive. My sister was able to help my mom as needed. My mom paid my sister moneyto live there. My sister has always paid the majority of the mortgage.Since that time my mom’s health has declined. She no longer works. Shehas been diagnosed with dementia. About two years ago my mom signed over the house to my sister. Mom is no longer on the deed. My sister is also nowmarried. My mom pays my sister some money each month to live there and for helping take care of her. My sister takes my mom everywhere she needs to go, manages hermedicines daily, helps her take care of her finances and pays for things mom cannot afford. Mom only gets a little over $700 a month. My sister is worriedabout the house if we apply for Medicaid or will they use the lookback law andsay mom does not qualify for Medicaid. My sister is having her own health issuesand will not be able to care for mom much longer. Do you think my mom will be able to get Medicaid at this time.
Country relating to Question: United States
State (if USA): North Carolina
Under Medicaid's family caregiver rules, a sibling caregiver can be part of that protected class to whom a transfer of property in exchange for giving care would be an exception to the look back rules of medicaid. The fact your mom had been paying her sister may factor into this if what she was paying your sister was not reimbursement for expenses, but a local elder law attorney can usually structure this to show that the payments were really reimbursement to the sister for the expenses she was paying for your mother and are not commensurate with the actual services the sister is providing. Therefore, it is likely that the transfer of the home would be exempted under the Family Caregiver Exemption for the transfer of the assets to the sibling caregiver.
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Experienced in Trust and Succession Law, including Louisiana Laws
my mom is paying my sister who is her daughter - does that change anything
Sorry for the misunderstanding, the protected class of family caregiver includes spouse, child, sibling, parent, so as this is her daughter it would be still part of the protected class of family caregiver and the exemption would still apply.
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