SelfishSiblings Asked November 2010

What can I do as POA, if my parents liquid $$ runs out, all their money is in a trust and they have no other means to pay for food or rent?

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EXPERT Carol Bradley Bursack Nov 2010
You should see an estate attorney to help you through this to make sure everything is legal. If it is, then your parents would go on Medicaid which you would apply for through social security. Please get legal advice.
Good luck,
Carol
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Helpful1 May 2012
My aunt deeded her house to her three children for the value of $1.00 and now has been informed that this could be a problem for her to qualify for Medicare/Maedicaid. Her children refuse to deed the house back to her because they want to money from the sale of the house. What are my aunts recourses to force them to deed the house back?
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sskape2 Nov 2010
We have a similar situation. I have been living with and caring for my Mom and her funds are running out. She does have social security which is just over the amount that medicaid will allow, I think. As I am writing this I realize that talking to an elder law attorney is probably a good idea at this point. My brother has POA and it has been a battle for me to keep Mom at home where she wants to be. I have all these ideas running through my mind like, should we get a reverse mortgage, should we sell her house and rent a condo, and on and on it goes. It is hard enough just taking care of her medical needs! Trying to get siblings to agree on things is ridiculous! Good luck.
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maggiesue Nov 2010
If you have a fiduciary POA you take the money out of the trust just like your mom and dad would. Your signature is the same as theirs. Wherever the trust is (bank, broker, etc.) should know what to do. Show them your POA paper.
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First of all, you must deal with your out of control spend, spend, crazy dad by putting all bills on auto draft from the bank.

Second, get your dad evaluated by his doctor to determine if he is or is not competent to handle his affairs in a business like manner and for the doctor to put that in writing on his letter head and or even notarized.

Third, if invoking your Durable POA risks flipping your dad out to the point that he becomes a danger to your mother, then call 911 for he is totally out of it.

Fourth, get yourself into therapy to help with some internal strength.

Fifth, tell yourself that when he was of a more sound mind, your dad entrusted you with this POA so take the authority given and dang blast it, use it because he gave it to you for such a time as this. You dad and your mom, need you as their surviving offspring to be their strong, authorized adult daughter and not their frightened little girl who might make daddy mad. If not, he and your mom will be mad when you've let him spend all of the money because of not using your POA which means that was wasted money too. You have survived much already and you can survive this too, but not by fearfully burying your head in the sand. I wish you the best in dealing with this.
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jeannegibbs May 2012
Helpful1, Your aunt should retain an elder law attorney to help her qualify for and apply for Medicaid. Apparently she did not have good legal advice when she gave the house to her children, or she would have been aware then of the possible consequences to a Medicaid application. A lawyer can explain all of the options and what can/cannot be done now.

If it were my aunt, I'd urge her not to take further action without qualified legal advice.

(By "qualified" I mean not her best friend's son who is a criminal lawyer, or her hairdresser's mother who is a corporate lawyer, but someone who specialized in the complicated field of elder law.)
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