Moorefield, WV asked in Estate Planning and Tax Law for West Virginia

Q: As my grandmothers poa, what can I do with an inheritance check for her?

My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to collect the check. What should I do or can I do with this check so that is doesn’t negatively impact her? Should we cash it or should we place it into a savings account with my name as an agent?

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James L. Arrasmith
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A: As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:

1. Special Needs Trust: You could set up a Special Needs Trust (SNT) for your grandmother. An SNT allows the beneficiary to receive inheritance money without affecting their eligibility for government benefits. The trust can pay for items not covered by benefits, such as medical expenses, transportation, and personal care items.

2. Spend-down: If the inheritance amount is relatively small, you could help your grandmother "spend down" the money on essential items or services she needs, such as home repairs, medical equipment, or prepaying for funeral expenses. This way, the money is used for her benefit without accumulating in her bank account.

3. Pooled Trust: Some non-profit organizations offer pooled trusts for people with disabilities. Your grandmother's inheritance could be placed in a pooled trust, which is managed by the non-profit. The trust can then distribute funds to her as needed without affecting her benefits.

4. Savings account: Opening a savings account in your name only, as her POA, could be an option, but it's crucial to keep meticulous records showing that the money is being used solely for your grandmother's benefit. However, this option may still be scrutinized by benefits programs.

Before making a decision, consult with an elder law attorney or a benefits specialist familiar with your grandmother's specific programs to ensure compliance with all regulations. They can help you determine the best course of action to protect your grandmother's interests and maintain her eligibility for income-based programs.

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