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Can Medicaid take my mother's home?

My mother has been in a nursing home for about 5 years and has no life insurance. Medicaid took her home and she never got anything, shouldn't she get at least money from her home sale to put aside for her funeral expenses? It just seems unfair they can take it all and leave her with nothing to help pay for her final resting place.
Status: Open    May 28, 2015 - 04:38 AM

Medicare/Medicaid, End of Life

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Jun 05, 2015 - 12:22 PM

Frequently, people do not realize that part of the agreement for receiving Medicaid assistance, is surrendering their home to the state. The state is required to be up front and very clear about that requirement. You may want to touch base with her Medicaid counselor about having funeral insurance to cover for those expenses. When I was POA for my cousin, I made preliminary arrangements with a funeral director who also advised me about the funeral insurance and what were the state regulations regarding funerals. These regulations vary from state to state. I imagine that a funeral director in your area could advise you about your state’s regulations.

If you run into some problems, a lawyer with an elder law speciality would be a good resource.

Jul 29, 2015 - 05:38 AM

Karen is right on.Your family would have been better off planning for this before mom was placed.

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Sep 08, 2015 - 02:39 PM

Generally the home is considered an exempt asset when qualifying for Medicaid. The state would then place a lien against the home at your mother's death to recover any Mediciad payments. This would possibly have created leverage for your mother's estate, because the amount paid monthly by Medicaid is usually less than the cost of a private facility.

It is usually advisable to consult with a qualified Medicaid Planner or Elder Law attorney before applying for Medicaid. You might have been able to save your mother's home or at least some of its value.
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