Short answer

Generally, Medicaid recovery actions come after the Medicaid recipient dies. Under Louisiana practice, Medicaid (through the Louisiana Department of Health) may seek repayment from the recipient’s estate for certain long‑term care costs, but it cannot force you to sign over your mother’s deed while she is alive. There are also important exemptions and procedures that can limit or prevent recovery. Read on to learn how Louisiana handles estate recovery, what protections may apply, and practical next steps.

How Medicaid estate recovery works (basic principles)

Federal law requires states to try to recover Medicaid expenditures for long‑term care (and certain other services) from the estates of deceased beneficiaries who were age 55 or older when they received benefits. See the federal statute at 42 U.S.C. § 1396p and federal guidance at Medicaid.gov – Estate Recovery.

Louisiana administers this recovery through the Louisiana Department of Health (LDH). LDH will typically identify claims after a Medicaid recipient dies, determine whether property (including a home) belongs to the estate, and then file a claim or lien against the estate or property. For state information, see the LDH estate recovery overview: LDH – Estate Recovery.

Can Medicaid place a lien on the home while the mother is alive?

Usually no. Medicaid generally does not place an estate recovery lien or force a deed transfer while the recipient is living. Medicaid eligibility reviews and potential transfer penalties occur while the person is alive, but enforcement of estate recovery itself is normally a post‑death collection action.

Can Medicaid force me to sign over the deed?

No. Medicaid cannot compel a living person to sign away title to property. Any deed transfer must be voluntary and signed by the owner. However, transfers of property (including giving away the home) can affect Medicaid eligibility if they happen within the federal Medicaid “look‑back” period (typically 60 months) and are transfers for less than fair market value. Those transfers may create penalties or periods of ineligibility for benefits. See federal rules at 42 U.S.C. § 1396p.

When will Medicaid try to recover from the home?

Recovery actions usually start after the beneficiary dies. Recovery may come from probate assets or by filing a claim (or lien) against certain real property owned by the deceased. If the estate has insufficient assets, recovery may be limited or impossible. LDH handles filing claims and follows state procedures for probate and estate claims. See LDH: LDH – Estate Recovery.

Common exemptions and defenses in Louisiana

• Surviving spouse: Recovery is generally deferred or limited while a surviving spouse is living.
• Child under 21: A surviving child under age 21 usually blocks recovery against the home.
• Blind or permanently disabled child: A surviving child of any age who is blind or permanently disabled may prevent recovery.
• Undue hardship or hardship waivers: In some cases a state may allow a waiver or negotiate settlement if recovery would cause undue hardship to a surviving family member.

These protections come from a combination of federal requirements and state implementation policy. For federal rules and explanations, see Medicaid.gov – Estate Recovery.

Situations that commonly cause concern

• Transfers of the home shortly before applying for Medicaid. Transfers for less than fair market value within the look‑back period can lead to penalties that affect eligibility.
• Joint ownership. If the home is jointly owned (for example, mother and child as joint tenants), state law and the nature of the joint title affect whether the home is part of the estate.
• Mortgages and liens. Outstanding mortgages or liens often take priority over Medicaid claims, but each situation is fact‑specific.

Practical steps to protect family members now

1. Do not sign any deed or transfer documents under pressure. You cannot be forced to accept title or transfer a deed.
2. Gather documents: mother’s Medicaid application/award letters, LDH correspondence, deed, mortgage statements, wills, trusts, powers of attorney, and bank records showing any transfers.
3. Ask LDH for written notice of any claim or lien and the legal basis for it. Agencies must follow notice and appeal rules.
4. Check whether any exemption applies (surviving spouse, minor child, or disabled child). If an exemption applies, provide documentation to LDH or the estate representative.
5. Consider an appeal or hardship request if LDH files a claim. Do not ignore notices — missing appeal deadlines can waive defenses.
6. Consult an attorney who practices in Louisiana elder law, Medicaid planning, or probate. A qualified attorney can review deadlines, challenge improper liens, and advise on legitimate planning options for the future.

What about planning to avoid recovery?

Planning options (trusts, life estates, gifting) exist but carry risks if done too late. Federal law has a look‑back period (generally 60 months) that can render recent transfers ineffective for avoiding Medicaid recovery or eligibility rules. Any planning you consider should be done well before applying for Medicaid and only after getting qualified legal advice.

How an attorney can help

An attorney can:

• Review whether the property belongs to the estate and whether LDH’s claim is valid.
• Identify exemptions or defenses (surviving spouse, minor or disabled child, undue hardship).
• File appeals and negotiate with LDH or the estate representative.
• Explain safe long‑term planning strategies consistent with Louisiana law and federal Medicaid rules.

Helpful local resources and legal references

• Louisiana Department of Health — Estate Recovery: https://ldh.la.gov/page/estate-recovery
• Medicaid federal rules and guidance (estate recovery overview): https://www.medicaid.gov/medicaid/eligibility/medicaid-estate-recovery/index.html
• Federal statute on transfers and estate recovery: 42 U.S.C. § 1396p

Helpful Hints

• Keep calm and collect documentation. Written records matter more than verbal claims.
• Do not sign away title or accept responsibility for a Medicaid debt under pressure.
• Ask LDH for all notices in writing and observe appeal deadlines carefully.
• Be skeptical of “quick” fixes from non‑lawyers who promise to eliminate estate recovery; get a licensed Louisiana attorney’s opinion first.
• If your mother is still alive and healthy, consider early planning with an elder‑law attorney; late transfers often backfire because of the federal 60‑month look‑back.
• If you think you qualify for an exemption (surviving spouse, minor, or disabled child), gather proof (birth certificates, medical records, marriage certificate) and present it promptly.

Final note and next steps

If you received any written notice from LDH about a claim or lien, make copies and get legal help immediately. An attorney can review the notice, explain deadlines, and advise whether an appeal, exemption, or negotiation is possible. If you just want general information, LDH and Medicaid.gov pages above are good starting points.

Disclaimer: This article explains general Louisiana law and common federal Medicaid rules but is not legal advice. It does not create an attorney‑client relationship. For specific guidance about your situation, consult a licensed Louisiana attorney who handles elder law, Medicaid, or probate matters.