Cumby, TX asked in Elder Law and Health Care Law for Texas

Q: I was told if the state steps in to over see my elderly mother who has dementia they would take her home Is this true?

I live with my elderly mother who has dementia in her home. She is getting to the point where I can't care for her (no one has power of attorney) and I was wondering if I contact Adult Protective Services, would they help me get her help because she wont let me help her. And also someone told me if the state got involved they would put her in a nursing home, take her home and take her check (she receives Social Security) She DOES NOT get Medicaid. She ONLY has Medicare Can anyone tell me if this is true?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Not in Texas. You may want to help your mother enter a memory care or a skilled nursing facility, though if she is being neglected because you cannot care for her at home anymore (when would you sleep?), Adult Protective Services may step in. If she has a medical necessity for nursing home care, you can apply for Medicaid on her behalf. There are income limitations, which can be dealt with, and countable asset limitations. In Texas your mother's home is not a countable asset.

Unlike Social Security and Medicare, none of us ever paid into Medicaid. It is a loan from our fellow taxpayers. When your mother died, Congress requires Texas and every other state to seek reimbursement. In Texas this can only come from the probate estate. The agent under a Durable Power of Attorney can sign and record a Lady Bird Deed, transferring title on death -- and outside the probate estate.

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