My mother has given away large sums of money to her church and others (not me) and is almost out of money. She will need to go into a nursing home soon. Given the Medicaid look back, and the fact that she gave away over 100k in recent years, will I, her adult daughter, be responsible for her nursing home fees? She refused to speak with an Elder lawyer when her husband died or do any type of planning for this, despite my pleas to do so. She has only 20k left, which won't last long in a nursing home.
Federal laws prohibit a nursing facility from requiring someone other than the resident to be a guarantor of nursing home payment. Hutchison and Farber v. Trilogy Health Services, LLC, d/b/a Springhurst Health Campus, Court of Appeals, Slip Opinion dated January 30, 2014. Hire an attorney for complete Legal Advice
Filial responsibility laws used to be in effect in most states many years ago; however, most states have since repealed them or simply do not enforce them. Your mother will likely be the one responsible for the payment of her nursing home care. You should seek the advice of a local elder law attorney who can assess the situation fully.
This is NOT legal advice. There is no attorney-client relationship formed by my response to your question. I am not your attorney. You should seek the advice of a local attorney with experience in the applicable area of law.
The question whether you are responsible for your mother's nursing home bills can involve several factors. First, you might have inadvertently taken on legal responsibility for these costs if you were the person who signed her into the nursing home, and if the facility had you sign a contract or other document that obligated you to cover the costs. Unfortunately, I have seen that happen.
It sounds like you are also concerned about gifts your mother made over the last few years, and of course about her eligibility for Medicaid. I'm sorry to hear that your mother refused to see an elder law attorney and to the proper planning earlier. Since that is the case, you may need to step in and see if there is anything you can do to preserve the remaining assets, and still qualify her for Medicaid. You should consult with an attorney who specializes in Medicaid and elder law issues as soon as possible. Best wishes to you in straightening this out.
Posting of this answer does not create an attorney-client relationship. This posting is intended to provide general information only, and not to provide any specific legal advice. You should not rely on any information in this posting without seeking the advice of an attorney, who can address your specific legal situation.
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