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Posted: Thursday, January 23, 2014 1:01 PM
Joined: 5/23/2012
Posts: 1

PLEASE HELP!  New to forum.  My MIL has early-onset Alzheimer's, diagnosed 09/2011.  We consulted an elder law attorney for long term planning.  He messed up & now she is INELIGIBLE for medicaid.  She was denied medicaid by social services in the fall, an appeal was also denied.  Contacted attorney for assistance: we were ignored. She is on the deed of our home, but not the lien, making it impossible for her to get Medicaid. I am just sick & very angry over this.  As a last resort, we will re-apply for Medicaid under hardship.  Has anyone run into this?  If so, please let me know how you handled it.  We are in VA. Thank you!
Posted: Thursday, January 23, 2014 2:18 PM
Joined: 1/28/2013
Posts: 2645

Is there no way of removing your MIL from your house deed?  Does she have any actual equity in the house?  Joint property is always a real mess when it comes to Medicaid eligibility.
Posted: Thursday, January 23, 2014 3:08 PM
Joined: 10/1/2013
Posts: 66

I know in Tennessee she can do a quick claim deed but medicaid does a 5 year look back.  We are in the same boat  The attourney said medicaid could make us sell out then pay off the loan and they would get daddy's third. If only we new then what we know now. Best of luck to you!
Posted: Thursday, January 23, 2014 3:13 PM
Joined: 1/28/2013
Posts: 2645

Any possibility of doing the quit-claim deed and then trying to outlast the five year lookback?
Posted: Thursday, January 23, 2014 4:17 PM
Joined: 12/6/2011
Posts: 3326

If the attorney messed up and he is ignoring you, please consider calling his office and ask to speak with him again. If he does not respond, tell the receptionist (or whomever answers the phone) that he is leaving you no other option than to contact the Virginia Bar Association. You should get a quick response back. 


I'm not sure what the attorney may be able to do, but he certainly can give you advice and guide you on what to do next...without charging you! 

King Boo
Posted: Thursday, January 23, 2014 8:52 PM
Joined: 1/9/2012
Posts: 3228

Did you work with a Certified Elder Law Attorney?  (   Tons of lawyers advertise elder law, but many have little actual experience.


If you could provide a bit more information, we may be able to respond a bit more on target.  How did the attorney mess up?  Whose house was it to begin with?  And why were you or Mom added to the title?  Or did you all own it anyway?


I would NOT go back to the old attorney, I would seek a new one. 

a daughter
Posted: Thursday, January 23, 2014 11:31 PM
Joined: 1/23/2014
Posts: 13

with the market the way it is can you show that the property has no equity?  get an appraisal and if there is no equity so you cannot sell it then my understanding is that medicaid can approve it but will lien your property for what they pay for your mom.  my mom owns a home that is rented but she owes more than we could sell it for.  I am "private paying" for her care facility for 6 months and medicaid should step in after we have paid on our own for that time...i cannot remember the name of it but it is a specific program under medicaid.  also if your dad or mom was a veteran during certain time frames she might qualify for a Veterans program called something like Aid and..... can't remember that part.  the care facility mom is in told us about it.

if there is anyway you can check out The Meadows in St George UT.  i found out that utah is the one of the lowest cost states in the nation for AL care.  I love this facility because for the first 6 months they gave mom a 1 bed for the cost of a studio since they did not have studios available and when we submitted the VA application (it takes a year to go thru but the VA will back pay to the date of application)  the facility reduced our cost as if VA was currently paying.  what should be costing us 3500 per month I am paying 1550. for the first 6 months.  

you have to talk to lots of people to get the information you need.

Posted: Thursday, January 23, 2014 11:39 PM
Joined: 11/23/2013
Posts: 309

Just a reminder to apply for social security disability. Make sure the doc puts Early onset AD and not just AD. She may be eligible for Medicare.
Posted: Monday, April 6, 2020 9:48 AM
Joined: 10/27/2019
Posts: 34

Ditto.  She may actually be eligible for Medicare and Medicaid on disability.

Also, check out this Web site regarding Medicaid Planners.


Posted: Monday, April 6, 2020 6:47 PM
Joined: 9/21/2017
Posts: 269

Hi Pam

I'd organize your paperwork and take a copy to a legal malpractice attorney-- did the first attorney make a bad judgement call or just blow it. Did the first attorney say you were in good shape to get medicaid or was it a long shot and s/he said so.

Winning against professionals is very very hard because you need others in their field to say they didn't act properly.