Child Caregiver Exemption Pulled Out From Under Me, Please Help
Location: New York
I've been the primary caregiver for my mother who was diagnosed with dementia in 2022. I've lived with her for 2.5 years and put her Community Medicaid in place with the eventual plan for nursing home care.
At 2 years of caring for and living with my mother, my mother's Elder Law Attorney transferred my mother's property to my name, utilizing the Child Caregiver Exemption, which I qualify for.
My sister has now decided that she would rather care for my mother until she dies than have her admitted to a nursing home. She was not willing to live with or care for my mother prior to doing this.
The court decided that since she's willing to move in, that the Caregiver Exemption wouldn't be used and the property must be transferred back into her name.
What will likely happen now is my sister, who has no idea what she's signing herself up for, will be unable to continue caring as my mother continues to disintegrate, likely won't have the time invested to qualify for the exemption, and the state will take the house when my mother's eventually admitted.
This was my childhood home, my sister never lived there. My father passed 15 years ago and I've had more conversations with him in the past 2 years than in all of the 15 years since he's been gone. My wife was 8 months pregnant when we moved in, and now have a 2 yr old boy who took his first steps in my family home. My whole life plan has been uprooted and my wife and I are completely devastated.
My attorney says that there will be some payout, probably 1/10th of the value of my caregiving for the better part of three years.
Is there anything I can do? Are there any caregiver rights I can fight for? I feel like my circumstance is so unique that there is no safeguard for this.
If anyone can point me in the direction of any resources that might help, I'd be greatly appreciative.
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