Medicare wanting to take POA's house because mom's name is on it.

As long as her name is on the mortgage/deed then it is an asset of hers.
You need to see an Elder Care Attorney.

Your situation needs an attorney. But you can help yourself and the atty out by clarifying what all happened. So….What exactly did you do 5 years ago with the home?

You posted “I ask her (mom) to take a mortgage out on the remainder (60K) so I could get expartner off the mortgage”. Mortgage companies really don’t allow for ownership names to be easily just swapped out. Lending is done based on applicants credit review so removal of an owner still living will require remaining owner to show they themselves can pay mortgage but will take into consideration the equity. Result will be cancellation of the old with new mortgage issued or an addendum to the existing mortgage issued. Is this what happened….. so there is a new mortgage that is in BOTH your and your mom’s name? If so how does % ownership read on new mortgage?

OR did mom buy house outright via an assumable loan so paid equity interest to the old owners at the time assumption done? Mom would have been 87 then. Realistically one that age won’t be able to do a mortgage as can’t meet standards for standard 20 yr /30 yr mortgage. But I’m sure there a predatory lender who would….

OR did mom buy house outright for 60K?

What precisely was done? How did property tax bill read 6 years ago vs. how it reads now? Whose name(s) are on the mortgage?

What was legally recorded is what matters on all this. That someone was paying bills, taxes, the many whatevers for a property does not in & of itself make one an owner. If filings at the courthouse read that mom is only owner then 100% hers even if you paid all costs. If it’s 50% hers but you have paid her 50% that is something you chose to do and you remain only 50%.

If she is an owner, should she go into a NH & file for LTC Medicaid then after she dies, her Estate & it’s Executor will deal with the required attempt that all States do for Medicaid Estate Recovery Program. You as a disabled heir or as a caregiver heir (if her will states you are to be her only heir) can do documentation needed for this exemption to become the sole owner of home in this after death process. MERP is an unsecured creditor to whatever % the deceased had of an asset. I’d be way wAAAAAY more concerned if mom is owner with an outstanding mortgage at death as the mortgage is a secured creditor & more than likely going to want mortgage paid off by heirs in full very quickly. If not paid, they will foreclose.

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Hospice is MediCARE. It’s a Part A health insurance policy benefit. In home or in a facility does not matter coverage if mom assessed to meet Hospice standards. HOWEVER if it’s in-home, it will require there to be an abled bodied adult in the home for all the non-hospice staff time. As you stated you are disabled, could be a concern for the hospice agency.

Hospice does not care who property owner is. Hospice is all about the assessment status of the elder and that the place they reside in appears to be safe, secure and provides basics for elder to live there. If she has filed for hospice and there seems to be concern from the agency in coming to the home, my guess is that either the house appears to be in deplorable condition &/or there is concern that the in-the-home family themselves (you) appears to be too disabled to be themselves a caregiver. Often it’s the fire safety assessment that is used…… like if there was a fire would you be able to get both yourself and your elder quickly and safely out of the home.

If your siblings have their own concerns about this and have contacted the hospice agency or maybe APS on this, whether or not mom can continue to live with you may not be your decision to make. If this is what seems to be what happening…… as a suggestion you may want to dial back on too too many references to past financial and mortgage dealings as it makes you look incapable of understanding financial responsibilities.

You need to talk to an Elder Law attorney in your state who understands Medicaid regulations.

You need to see an Elder Law attorney with expertise in Medicaid. Bring all of the documentation with you. Stay calm, explain the situation and all the details, and let him or her sort this out for you and tell you what will happen and what you can do under various scenarios. I know it's stressful but don't catastrophize. There are solutions.

I'm sorry. I could not understand what was happening here due to it being one long continuous sentence. Please use punctuation and paragraphs if you post again. From what I could discern, you need to consult an elder law attorney to get this straightened out.

If this was over 5 years ago there should be no penalty. If Mom is on the deed, she owns 50% of your home. It does not matter who pays the mortgage when ownership is involved. Medicaid does no recovery until after death. With you owning half the house you will probably be allowed to remain but a lien will be put on the house. If you sell, leave or pass, that lien will have to be satisfied at time of sale.

It would not hurt to talk to an Elder Lawyer.

Talk to a lawyer.

You need a lawyer.

If you were foolish enough to make your elderly mother a co-owner of your house, she's a part owner of that property. The sensible thing would have been for you to take a loan in your name to buy your former partner out of their share in the house ownership. Then your elderly mother would not be involved. If your mother goes into a Long Term Care facility, they do not "come after" anyone's home or assets. What happens is Medicaid will not pay the bill for someone's care if they are holding assets like real estate in their names. Assets have to be spend-down on the person's care needs before Medicaid will pay for them. Unless an asset has been made Medicaid-exempt. This is taken out of someone's name and they are kept out of a care facility for whatever period of time their state requires as the Medicaid Look Back period. Or they put assets into Irrevocable Trusts to their family.

Your mother is holding an asset that can be spent down on her care and it will have to be before Medicaid will pay. Have her removed from the mortgage as fast as you can and do your best to keep her out of care for your state's Medicaid Look Back period.

Then consult a lawyer who specializes in real estate and estate planning because you need one.

Find an elder law attorney. This is not the time to get advice from everyone whose situations may be a little different. You need to be able to spread out every detail in front of the attorney. It won’t be easy but you need an expert. Some offer a free consultation. That could help you decide the best one to go with. Good luck!