I am power of attorney for my 97 year old neighbor. She is in good health but dementia has set in so she's not thinking straight all the time, hence, her need for me.
I had to put her in a nursing home. They said they would accept what she could pay. She still owns a home in our neighborhood. Could not sell it to do a spend down because she put it in a revocable trust to keep anyone from selling her house while she was alive. I have kept the utilities on in the house to keep her water and the elec. and gas to keep lines from freezing and appliances from ruining. The nursing home told me they wanted ALL of her social security and the government didn't care if the house burned down. I want to know, is it true in KS?
I'm not sure there is enough information here to answer the question you have asked. However, I would suggest that you have the trust reviewed either by the attorney who drafted it or an attorney with whom you are comfortable. It's not impossible for a trust to have the restriction you describe, but it would be unusual. That attorney could also gather more information to perhaps answer the medicaid situation also.
This answer is for informational purposes only and should not be considered specific legal advice, nor does it constitute an attorney-client relationship.