Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.
Dementia is a spectrum.... Read more »
My wife's aunt lives in Texas and we live in Florida. We are concerned for her care as we don't believe she has anyone designated as a surrogate or anyone having a POA
Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be hired to... Read more »
My mom was just approved for Medicaid after being placed in a nursing home in Florida. At the time of application, my dad had well under his allowable $126,420 in assets. My parents home in MI was exempt in regards to the Medicaid application process. My dad wants to sell the MI home now. The... Read more »
Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... Read more »
With proper planning in advance of the sale, you can avoid Medicaid touching any of the proceeds.
You have the option of selling with the intent on purchasing another home, which I talk about in this article:... Read more »
I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.
There are a variety of legal and ethical ways to protect the proceeds of the home sale and qualify your mother for ICP-Medicaid (which pays for nursing home care). Depending on the net amount, the medicaid-complaint strategies would change.
The car is paid for and is in his trust.
I agree with the two other answers. As trustee, you have the ability to take action with regard to any asset that is properly titled in the name of the trust (subject to the trust's limitations, i.e. it may direct you, as trustee, to sell the car and distribute the proceeds to one or more... Read more »
Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.
You would want to revoke the entire document and have your elder care attorney draft a new one that complies with your wishes. This will prevent confusion when 3rd parties are trying to figure out who is supposed to make which decisions for you.
All the best,
Jason
Florida recognizes out-of-state Wills if legally executed in that other state. However, there are some practical reasons to redo your estate planning documents. Below is a link to a video I made, called:
Do I need new estate planning documents if I'm moving to Florida |... Read more »
Wards home is still occupied by wards other son who served as caretaker from 2015 to 2019. House is fully operational. Car insurance, Power, Utilities and maintenance are still required to keep house going. Paralegal (told Guardian not to pay any of the outstanding bills in the wards name.) this... Read more »
There are a lot of potential reasons why the paralegal is suggesting what he/she is suggesting. Make an appointment to speak with the guardianship attorney to understand the gameplan.
There is no equity in the property
Mom can let lender know that she does not have the means to pay and attempt whats called a "deed-in-lieu of foreclosure" this can help prevent the bank from attempting to collect against any remaining balance owed (if any) after the property is sold.
Good luck to you!
My mother--who is on medicaid in a nursing home--received $25K back pay from her social security benefits. Part of her spend down plan is to buy her an automobile which is an excluded/non-countable asset. Are there any restrictions to including an extended warranty with the car purchase? The car is... Read more »
There would be no restriction on purchasing an automobile with an extended warranty, provided that it is your mother's only automobile, that it will be used primarily to transport her places or for her benefit (i.e. don't buy your mother a car and then you drive it to work everyday).
If... Read more »
Medicaid forces an applicant to declare Gross Social Security as MAGI, before SS deductions rather than net. I have seen no references to "allowances" nor "spend down" to equalize this income/expense inequality by elsewhere declaring SS premiums as deductions. That said, a nursing home resident... Read more »
If you are applying for ICP Medicaid (the program that pays for nursing home care) and are approved, Medicaid will cover Part B premiums. The Medicaid recipient will also be enrolled in Medicaid managed health insurance plan to cover prescriptions.
Spenddown is a concept that refers to... Read more »
I have read VA A&A is 1. totally countable medicaid income, (MAGI) 2. that only the pension portion of $735 is countable, and 3. that it is totally non-countable. She is recently in a nursing home and receiving A&A, and will be until Medicaid is applied for and approved. Then I shall notify... Read more »
Let me give you the answer straight from the Florida Medicaid Manual 1840.0906.02 (re: Veterans Payments-Pensions)
"VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses."
(So, the pension... Read more »
The documents we are currently working to get are regarding an LLC that my brother has, and mom is 49.4% partner. He Will not provide the business formation structure document ( not sure of the name), nor any financial info about what has been invested, what the company is worth, etc. Then he asked... Read more »
You're looking for a copy of the operating agreement and an accounting of the business. As POA, you probably have the ability to hire an attorney and file a lawsuit to resolve business matters (check the document to make sure it provides this authority). The only (legal) way to force someone to do... Read more »
Credit on the house. If he passes, can his life insurance be used to pay off the house? Is there a way to protect an inheritance?
It depends on whether there is cash value on the life insurance (if so, it may prevent Mom from qualifying for Medicaid - even though the policy is in dad's name). If there is cash value, there are way to plan around it to keep your mother Medicaid eligible. Here is an article that will further... Read more »
There is no age requirement. To qualify for SSI, one need only meet SSI’s asset and income tests.
they aren't?
A non-family member can (and often do) serve as durable power of attorney. There are no different requirements.
my brother and I would like to buy my gentleman friends half of the home and own it myself. I know Medicaid will stop until I spend down the inheritance.
Is buying the 2nd half of the home an allowable way to spend down the money?
If you're paying fair market value for the home, I don't see why it would be a problem. Make sure you notify DCF of the "change in circumstances."
I inherited money and I would like to buy out my friends half of the house and own it myself. Would this be allowed under the Medicaid spend down requirement in the state of Florida?
As long as you live there and are paying fair-market value, I don’t see a problem. Make sure to report the change in circumstances. Also the timing of the inheritance/real estate transaction is important.
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