I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »
answered on Apr 6, 2022
It depends on the loan agreement.
In any event, you are not personally responsible for the loan.
Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »
answered on Apr 6, 2022
They will foreclose on the house to get paid.
They can't go after you personally.
I am guardian of my aunt in Michigan, she is in nursing home in Michigan, and will need forever long-term skilled care, she is on Medicaid/Medicare/SS. She is the beneficiary to a life insurance policy, it can be claimed. I am trying to move her to Ohio as we are her last remaining family. A... Read more »
answered on Apr 5, 2022
Im general, during the pandemic, Medicaid is not cutting people off Medicaid, if they are already on Medicaid.
You should speak to a Michigan elder law attorney to confirm this for Michigan.
If that is the case, then you would be able to claim the finds now and then apply for... Read more »
The nursing home did not give my mother her medication for 2 weeks, her medication is not given regularly or consistently. This has resulted in my mother being impacted in her bowels, multiply hospital stays and now she has to have surgery to have a colostomy bag.
answered on Apr 4, 2022
If the nursing home was responsible for administering the medication and it’s failure to do so was the cause of her problem, yes you could sue them. You should discuss the matter with an attorney who handles medical malpractice and/or elder law.
I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?
answered on Mar 19, 2022
In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.
However, there is a lot of confusion out there regarding the rules.
It is imperative that... Read more »
We are working on getting her on Medicaid.
answered on Mar 4, 2022
No, being power of attorney for your mother does not make you personally responsible for her debt.
It just allows you to help your mother pay her bills using her assets.
They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... Read more »
answered on Feb 11, 2022
Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!
over a week ago. I need a POA to pay the bills and keep the house running while she is in rehab (and maybe then some.) She is aware of what's going on but I don't think she can physically sign anything. I told her that I need a POA and she's agreeable to it. I'm not sure what... Read more »
answered on Feb 9, 2022
From the facts here it sounds like you need a financial power of attorney. The procedure is spelled out in Chapter 1337 of the Ohio Revised Code. To ensure your POA is valid and likely to be honored I recommend meeting with an estate planning attorney to work with you.
Best of luck.
I would like my husband's grandmother to come live with us her son (husband's uncle) does not want that. I would like to get medical POA, however, she has moderate dementia. There is no POA paper work in place. He would like to put her in a nursing home, we are willing to add on to our... Read more »
answered on Jan 20, 2022
She can make her own decisions until a probate court appoints someone to be her guardian. If she designates a POA, then the person named can take action on her behalf. But another family member, like her son, could challenge it in probate court and ask to be guardian. The judge would then... Read more »
Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?
answered on Dec 14, 2021
Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... Read more »
Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?
answered on Dec 13, 2021
He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.
She sits in her own Feeses & Filth until one of us show up & check on her.
She still has her mind, but we want to know what we can do to get her help. Everyone says without Power of Attorney we cant do anything.
What can we do
answered on Nov 29, 2021
You can file for a guardianship in the probate court. Check the probate court web site for the guardianship process, and use the Find a Lawyer tab to retain a local probate attorney who handles guardianships to advise you. You can also call local senior services to assist until the the... Read more »
My parents are in their 70s and my father isn't in the best health.
answered on Oct 12, 2021
You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.
Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If... Read more »
answered on Oct 5, 2021
Anyone can call 911 for any reason. Whether they will remove your dad from the nursing home depends upon whether they discover a problem when they arrive.
answered on Sep 14, 2021
Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.
However, if you took care of your mother for 2... Read more »
Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?
Thank you Andrew Popp for your previous help.
answered on Sep 13, 2021
No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.
https://codes.ohio.gov/ohio-revised-code/section-2106.18
Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »
answered on Sep 13, 2021
Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »
The only thing that would go through probate if I were to file would be his truck. No other assets. His wife is deceased. House was foreclosed on. Bank account empty. There is no will. If I were to file in Probate Court as a Small Estate, and notify Medicaid in the process, would they come after... Read more »
answered on Aug 4, 2021
If the truck is worth less than $5,000 and you paid for the funeral and the funeral cost more than the value of the truck, then you can file for a Summary Release from Administration and Medicaid does not need to be informed or paid back.
My parents lost their original notarized copies of powers of attorney, naming myself as able to take care of finances, etc. They are both in assisted living, both with dementia, but able to still sign and converse. I have copies of the originals, is there a way to notarize these somehow? Add a... Read more »
answered on Jul 29, 2021
That's an interesting question. You are essentially trying to have a new POA created with the same terms as the old POA. As phrased, the answer is probably no, but there may be ways around it. Keep in mind that you shouldn't need the original POA when acting for your parents for most... Read more »
answered on May 24, 2021
Yes. I'm not sure of your exact question. Are you concerned about her losing benefits? Residence issues? In some cases, him moving in can have numerous benefits regarding preserving her estate. I recommend sitting down with an experienced estate planning attorney to review the situation in... Read more »
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