Have lived here and taken care of my father for 2 years because my Mother passed away
Sometimes an adult child will move in with an elderly parent. If this child’s care keeps the parent out of a nursing home for at least two years immediately before the entry, then the parent may give the residence to the child without causing a Medicaid ineligibility. It is not advisable to just assume this standard is met. You should review the form Medicaid uses to make this determination. This is the JFS03697 “Level of Care Assessment.” tThis form should be taken to a doctor who has cared for the parent for at least the last two years to learn his/her opinion. Although Medicaid will conduct its own investigation, if the treating physician states that the child’s care kept the parent out of the nursing home for at least two years, then this is a good indicator that the transfer may be appropriate. In any event, do not record such a deed of conveyance until Medicaid issues its ruling. If the caseworker maintains that the care did not meet the appropriate standard, then recording the deed could cause a gift that triggers an ineligibility to receive Medicaid.
Please be advised: The standard is that the child must reside with the parent. Visiting every day to make certain the parent is fine is not good enough. The child must actually take up residence in the parent’s home. Regularly sleeping there, as well as consistently bathing, getting dressed, and eating in the home are important elements that should be met. Mail delivery or listing the address on a driver’s license may not be sufficient. In addition, maintaining a separate residence could jeopardize the exemption. Medicaid wants to see that you are providing assistance with Activities of Daily Living. ADLs include Mobility, Eating, Bathing, Grooming, Dressing and Toileting. It is not enough to just live there. You have to be providing hands on care. The more hands on care the more likely you will be successful. Also, the more severe the medical condition, the more likely you will be successful. If you father is a healthy individual who can care for himself, you are probably not eligible.
I would strongly suggest engaing an experienced Medicaid attorney in your area.
I'm not certain you are asking this question (a) to get the reduced real estate taxes available to Ohio seniors or (b) to have the house transferred to you and thus avoid liquidating it for Medicaid purposes. You need to give us more facts.
Generally, as long as your father owns his primary residence, he is eligible for the property tax break for seniors. The property tax reduction applies only to the owner of the residence. If you are asking "can I sign the form for my father" the short answer is "yes, if you have a power of attorney."
If you are asking for Medicaid planning purposes, that is a much larger question and will require you to sit down with a Medicaid planning attorney to go through a long list of asset and medical questions. Certainly there are things you can do to protect your father's property from being liquidated for Medicaid purposes, but the longer you wait the harder it gets. And if your father was in the service, he may be eligible for a Veterans Administration benefit of nearly $2000 per month. If you would like a complimentary consultation about this in our Dayton office, please contact my firm.
Mr. Huddleston's answer more clearly seems to respond to the question you asked. There are any number of good attorneys in Dayton who can help you with this whole matter. A good source for finding elder law attorneys anywhere in the United States is the National Academy of Elder Laws attorneys. See the link, below.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting. The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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