question iconA few years ago my mother was diagnosed with dementia. She didn’t want to leave her home so me, my wife and two kids moved into her home. Now she has been diagnosed with Alzheimer’s and is clearly getting worse. If we reach a point where we cannot take care of her and she needs a memory care center or visiting nurses etc… can those expenses lead to the state taking her home? The home is paid off and her only income is social security and a small pension left over from my father who dies 20 years ago.. She does have very good medical insurance with Aetna but it doesn’t cover assisted living. We’ve been paying most her bills. My sister, myself and my mom are listed on the deed with her as joint tenancy owners of the house. I have POA, both medical and financial. Is her home protected since my name is on the deed and we’ve been taking care of her?
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If your mother needs skilled nursing level care and requires Medicaid (not Medicare) to pay for those services, then the state of Colorado can impose (and is required to) a Medicaid recovery lien on her assets, which will be paid through her probate estate. Depending on how the title is held, will determine the amount that can be recovered. I don’t have enough information to be more specific.

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Bill Henry
Family LawNov 23, 2020
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