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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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In Ohio, my mom is 90, she owes 85k on her house, it is

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In Ohio , my mom is 90 , she owes 85k on her house , it is worth 115k. She is sole owner . All of her other assets , bank accounts(in Ohio) stocks, investments are joint with my sister and I and are held with a broker in the state of Florida. We are privately paying for 24/7 care right now because her income prevents her from being eligible for Medicare or Medicaid home health care coverage. Her diagnosis is congestive heart failure, dementia, legally blind. I have general and medical POA AND SHE has a living will.
Question is if we need to move to nursing home care , will Medicaid have access to her assets (home, investments) as well as her monthly income?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If you pay privately for the nursing home, Medicaid will not have any right to her income. Since she does not qualify for Medicaid currently then she will probably not qualify for nursing home care either as I believe the limit for assets is $5000. If the assets are held in a trust then she might qualify but there is a 5 year lookback period. The assets held jointly will be included as her assets so again I doubt she would qualify for nursing home care. If she did qualify, Medicaid would have access to her monthly income and have a lien at her death on assets.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?

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