Hi I am new to this forum. I am a single 40 year old male who has been living and since 1990 (when my dad passed away) taking care of my mother. In the last 3 years, my mother's health has slowly declined. She had valve replacement surgery in 2005 and since the has lost a son (her third). She also has macular degeneration and glaucoma. So far in 2008, she has had 2 uninary tract infections which both times have landed her in the hospital. This recent UTI the doctors noticed an irregular heartbeat. But with some tweeking of her medications, she will be fine. The problem is- is that her body is so deconditioned that she will have to go to an inpatient rehab facility for a while to build up her strength and endurance. My Mother has medicare as well as a couple of insurances that will cover her rehab stay. The problem is, is weather of not she will be sucessful there to finally come home. Only time will tell. There is the possibility that she may end up in a nursing home for the rest of her life. Now my problem is -Medicaid. The family lawyer has told us that since I have been taking care of my mother for the last 18 years, her assets are safe. Which means that we can keep the house that I also live in. We have all kinds of documentation stating that I have been living and taking care of her. Would this be sufficient enough for my state and medicaid to leave me alone should my mother end up in a nursing home. Or should I consult an Elder Law Attorney who will wipe out her savings. By the way, our lawyer said that I can take her savings as pay since I have been caring for her but I will have to claim taxes. -How does that work? Thank you!

Hi, Milton and welcome to ECO. I am not the right one to answer your questions. Your family lawyer probably does know what he/she is talking about but it would be safer to look into it with a specialist. You can be paid as a care giver, and it is income that must be declared and is taxable and subject to SS. but it might have to be kept current instead of retro active. I know there is a look back period and it can cause big trouble to appear to be "hiding assets".

I hope your Mother can recover enough strength to return home again and give you some more time to think this through. At 89 my mother was hospitalized and became so weak that she also had to rehab for about 30 days to regain strength and learn how to use a walker. She came home and Home Health sent a Nurse to check on her and a physical therapist to work with her for a while. That was 4 years ago. She is getting weaker now but still able to get around. It is amazing what motivation going home can be.

Glad to meet you and have you on board.

Hello Milton123 welcome in
I am sorry to hear of your moms decline lets hope the rehab stay gets some positive results.
The rehab facility will be able to answer the questions regarding your moms stay there, here they have to take 10 steps with standby assistance after a period of I believe it was 2 weeks *dont hold me to that it may be different in your neck of the woods* and if a NH is required depending on her insurances how many days she stays in a NH depends, 99 days is on Medicare books if the stay is warranted. And depending on her secondary insurance the NH could find out for you if it comes to that.
As for the legal end of this your best bet is to contact an Elder law atty.
There is a look back of at least in Calif. 7 years it was 5 but having dealt with estate issues with my own mom, Medi-cal that she had used at one time was at the 7 year mark in 2003-04.
Her estate had to pay back Medi-cal which in other states is referred to as Medicaid and or state aid.
As the last law on books that I knew of a person (in this case your mom) was only allowed to "gift" a person (that would be you) up to $10,000 a year unless there is a legal document stating she is paying you for services which are taxable income for you and filed with the IRS just like any job would do for a hire.
To just withdraw and take her savings as your own income after the fact though??? I wouldnt EVEN attempt that without consult of an Elder law atty. even if your name was on this account.
Is the home in your name? That would determine whether or not you keep that home. In the estate courts if there is no Will the estate is divided up between the heirs unless the surviving heirs wish to keep the family home and allow you to reside in it.
Please do consult an Elder law atty sweetie its to protect not only your mom but you as well there are way too many laws on the books that could end up biting you in the butt in the end.

Hi Milton

I do hope your mother is able to come home after rehab. I wish her well.

In Ohio - at least a few years ago - a cg. could keep the parents' home even after a parent went on Medicaid (even if the home was in the parents' name) if the cg had been living with them for a certain number of years - I forget how many.

Things change... Medicaid here now has a much longer look-back period and I don't know what else has changed as well. As for paying yourself with her savings - that's entirely possible, but a very tricky area that could get you in hot water if it isn't set up right. I realize elder law attornies are expensive, but it would be well worth your time to - minimally- consult with one to present your issues and see whether or not you need further help. Better to pay some now than have major problems later.

Best of luck to you