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Are you mom's Power of Attorney?

Have you asked her Medicaid Caseworker?

How much is the car worth?
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Only the person on title can sell the car. Are you POA for your parent (or guardian or conservator). Did your parent put you on title of the car? Generally, for medicaid applications, a person can keep their own residence home and one car. While there may be clawback when the party dies, there is usually not a prohibition against getting medicaid. You might want to discuss with an elder care attorney your plans for selling the car, and ask his advice to better know your options going forward. Good luck.
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Not the NH $. It’s moms $ & depending on the amount she may become ineligible for Medicaid. But before all that, I'm assuming you have the legal ability to sell her car?

This imo is more interlocking math problem & not straightforward: first & foremost Medicaid will expect it to be sold at fair market value, it’s Kelly Blue Book value. Will her car get that $ amount? If not, you need to get documentation as to why, like from a mechanic, to show in detail as to why lesser value. Then next issue will be will its sale $ amount take your mom over whatever State of Kansas has as maximum $ amount to start at in a single month for nonexempt assets & still be eligible for LTC Medicaid. Tends to be $2,000. Will sale take her over the 2K threshold? Nonexempt assets includes all $ such as whatever $ she has in her personal needs allowance / trust account often held at the NH for her or in her banking. If it will, she may become ineligible for Medicaid. That’s a whole other issue….

Side ?: does you mom still have a bank account OR did mom make NH her SS representative payee & closed out all her banking? Please tell me she still has a bank account, just will make all this way way easier…

For example, let’s say 2/1/23 mom has continued to keep bank account & on LTC Medicaid. This Mom gets $1200 a mo SS & has $50 a mo personal needs allowance. Her POA writes NH a ck for Medicaid copay of $1,150 ea mo. Moms checking account currently has $175 in it from her personal needs allowance building up. So this mom has only $175 in nonexempt assets as mom has regularly been going to NH on-site beauty shoppe & POA has been buying mom replacement toiletries & clothing. Moms car has a Blue Book value of $ 4,321.00 & POA sells it 2/3/23. It is $4,321.00 income for the month of February & reports it to Medicaid caseworker. Mom - in consultation with caseworker-should be able to spenddown the $ in the month of February totally to get her to be within & under a maximum of $2,000 in nonexempt assets. So she ends month of February once again impoverished & under 2K in nonexempt assets. So this mom would have to spend down $ 4,321 + $ 175 = $4496 - $2000 = $2496. Needs to spend down $ 2,496. To be on the safe side, spend down $2600/2700. Mom finds something legit to buy: preneed funeral or burial costs, durable medical equipment item(s), new eyeglasses or hearing aids, perhaps dental work done. Just what depends on what mom needs. That all this is done within the month of February is super important as it is income for the month received (Feb) & spent down all within the month so that the month ends (Feb) as it started with her impoverished and eligible financially for LTC Medicaid. Comprende?

Now if this is 10k, 20k or more in value car. That’s a way different issue. That’s going to involve a suspension of LTC Medicaid eligibility at best or a complete ineligibility of Medicaid at worst and she will go private pay for her NH. This is why you have to, HAVE TO clearly speak with her caseworker b4 you do anything. The Blue book value will be key in all this.

If mom does not have a bank account anymore, clearly ask caseworker as to how to do a cash sale documentation. Your state will have Dept of transportation info as to how car sales are done, how you are supposed to take off license plates, odometer stuff, etc. But I’d kinda expect Medicaid to want their own cash sale notarized form. You want the caseworker to be your ally. Good luck in all this!
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AlvaDeer Jan 2023
Wow, the usual so thorough great information. Thanks for all this info, Igloo!
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What would I do, garage the car till after her death. Its exempt for now. In my State we don't have yearly taxing on cars. We pay a sales tax when its bought. Register it yearly and have insurance. If you don't pay registration or insurance no one knows or comes after you. But, the car must be where its not seen because you can get a ticket for non-registration if its seen by the police. In a garage, its not seen.

Mom still had her house when she passed, which actually worked out for the better. If I had sold it while she was on Medicaid, Medicaid would have stopped, I would have had to spend down and then reapply. By selling afterwards, the delinquent taxes ans water bill was paid first, then the Medicaid lean. There was money left over but if Mom had been in LTC longer, Medicaid could have only got what was left. I got my out if pocket which Medicaid would not have probably allowed if I sold while Mom was alive. I was told this by a caseworker there were no guarentees.
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