Iowa estate recovery and caretakers

[Colonoscopy]

Was helping a friend research this. Thought perhaps someone would have knowledge here. (realize this is moreso an ask an attorney question)

1. Elderly person went to nursing home, exhausted assets.
2. Caretaker (child of said elderly person) lived with elderly in elderly person's house for years, taking care of them.
3. Caretaker, per their understanding -- through a caretaker exemption that would disallow the house to be used by state to cover expenses -- should be able to continue to live in house without state trying to recover costs.
(document https://hhs.iowa.gov/media/581/download?inline=#:~:text=Unlike many neighboring states, Iowa,secure a medical assistance debt.)
4. Lien is now placed on home, document linked above states that liens are not placed on homes to recover medical expenses. (per 2023)

 

[Colonoscopy]

Eh, this would seem to be the care giver exemption they're speaking of

Medicaid Caregiver Child Exemption: Transferring a Home

Learn about the Medicaid Child Caretaker Exception / Caregiver Exemption: how it works, the eligibility criteria and how to avoid Medicaid ineligibility penalties.

www.medicaidplanningassistance.org

 

[Bank of Hawk]

Are they trying to kick your friend out of the house?

Just cause there’s a lien, doesn’t mean they’re kicking your friend out. They just get first dibs on sale proceeds. To recover what they paid for nursing home care.

 

[HawCory]

Planning after the fact is not planning at all. Your friend is not the first person to make that mistake and won't be the last.

 

[Colonoscopy]

Are they trying to kick your friend out of the house?

Just cause there’s a lien, doesn’t mean they’re kicking your friend out. They just get first dibs on sale proceeds. To recover what they paid for nursing home care.

Not as far as I know. Agree on lien. (assume it would work that way at least)

One of them seems to think that's the case with the lien, the other, not.

 

[jasonrann]

Was helping a friend research this. Thought perhaps someone would have knowledge here. (realize this is moreso an ask an attorney question)

1. Elderly person went to nursing home, exhausted assets.
2. Caretaker (child of said elderly person) lived with elderly in eldery person's house for years, taking care of them.
3. Caretaker, per their understanding, should be able to continue to live in house without state trying to recover costs.
(document https://hhs.iowa.gov/media/581/download?inline=#:~:text=Unlike many neighboring states, Iowa,secure a medical assistance debt.)
4. Lien is now placed on home, document linked above states that liens are not placed on homes to recover medical expenses. (per 2023)

I know a good attorney based in Sioux City that covers this type of thing. Holler if you need it.