Wednesday, March 10, 2010

Medicaid/Estate Recovery

Question
We live in PA and we have been caring for an uncle who has no other surviving relatives (it was only him and my mother)for the last 8 years. We only live 1/4 of a mile from him and we have been taking him all his meals and supervising his taking of any medications 3 times a day. We do his laundry, all of his shopping (grocery and personal)and help with his personal hygiene.We take him to all his appointments and do all his banking and bill paying. Unfortunately he had a fall a month or so ago and has been placed in a long term care facility.

He receives Medicaid and the nursing home is telling me (I have power of attorney) that I need to put his house up for sale and need to do so in the next couple weeks. Here is where I need some help. Although I did not live in the residence, if it werent for my care he would have to have been placed many years ago.I am retired and have not even been able to enjoy that and take any vacations because of caring for him. We have tried to have services come in before but he didnt like that and would tell them not to come back. My uncle willed the property to me and my son (who has also helped when I was unable to)for all the help we have provided over the years.Can the property be transfered to me since I was his caregiver and am his only surviving relative? Can they force him to sell his property? It is part of my home place and I live right next to it and really dont want to see it go out of the family but I cant afford to buy it right now. Am I better just to let things as they are and let them put a lien on it for Estate Recovery in the event of his death? I could be in a different financial position at that time and could buy the property. I know this is very confusing but I would appreciate any advice you can give me.


Answer
Hi Lacie



This is too complicated to be done bt e-mail, and I am in the wrong State.  So I am going to refer you to my counterpart in PA.  Call 1-800-783-7067 and you will get the closest SHIP program to your location.  These are Medicare and Medicaid trained specialist and will know the Recovery Act Law for PA.  Call them and request to speak to a counselor.



They will review the situation and furnish you with the best options.



John