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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.