Ossining, NY asked in Estate Planning for Minnesota

Q: My mother is going in Assisted living. She will pay until her money runs out then go on Elderly waiver.

She needs me to help pay until her house sells. Will they come back on me if she repays me from the house sale?

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1 Lawyer Answer
Joshua Damberg
Joshua Damberg
  • Estate Planning Lawyer
  • Licensed in Minnesota

A: Medical Assistance laws, including Elderly Waiver (EW), are incredibly complicated and can have harsh penalties if there are any financial issues or reporting mistakes. Also important to remember is that each state has its own Medicaid laws (Medical Assistance in MN), so you cannot rely on an attorney in New York to advise upon laws here in Minnesota or vice versa. Depending upon your mother's age, health care needs, and financial circumstances, Elderly Waiver may or may not be the appropriate program for her. More facts are necessary for a thorough analysis and appropriate guidance.

I would suggest meeting with an attorney that practices Elder Law in the state where she is going to be moving into the assisted living unit. With the minimal details above, I would reinforce that it is crucial for you to heavily document any and all payments you make on behalf of your mother. An Elder Law attorney may be able to help identify methods to avoid making these types of payments altogether or at a minimum help you formalize the payments and reduce them to writing in a manner that can better protect you from a loss.

In terms of the Medicaid provider "coming back on you", the county/agency is very likely to question you taking a portion of the proceeds from the sale of your mother's home.

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