How to protect my aunt's property.

I just heard from a lawyer (general statements -- not specific advice for a particular situation) that furnishings are generally not considered assets by Medicaid. The exception would be antiques bought for investment purposes. But an antique rocker that Auntie actually sat in or had available for guests to use would not be considered an asset. So these might be given away or kept in storage and not impact the Medicaid application or the Recovery after death. Naturally you would need to consult an attorney for legal advice about a particular situation, but I think that general advice is useful.

This article on this site provides helpful information on wills and dementia: https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm

I don't think that furniture is generally considered "assets" but perhaps very valuable antiques would be. Maybe there is someone here who is knowledgeable o that point.

IF they are assets, they would probably need to be liquidating and the money spent before Aunt would qualify for Medicaid.

If they are not technically assets then Medicaid would have no interest in them.

Arlene, I would make sure if she will not be able to live alone before getting rid of her apartment. Can she afford a Home Health Aid to come to her apartment if the physicians thinks she is capable of leaving NH facility? One of my parents has alcohol dementia n went to a Rehab center too n was released to live with someone after they helped him build his muscle n got him to eating healthy. Hopefully, she had updated her Will with you on the Will beings her granddaughter has not been around to help her n before her AD started to take affect. Grant you that when her times comes it is amazing how all these kin folks just appear trying to get their greedy paws n the little cookie jar. You r thoughtful Niece for her to have while caring n trying to keep her belongings from going into the wrong hands when the time comes. I hope u get all the answers that u need.

Is a 'Last Will & Testament' any good if the person with dementia signed it before her dementia started to show signs n only has one grown son? Can the property be taking away by Medicade if say, later she needs to go into a NH n passes away n was able to go on Medicaid?

I get free legal since I am in the business so I am not so worried about that. I just need to know what needs to be done now so we don't lose the house and we don't become responsible for her debts.

Proceed cautiously. As POA you can be SUED, and anything you may get out of the estate may pale in comparison to your personal legal bills. Too bad she didn't give away her things while she still could have made the decisions.

The house is paid for, so there is no mortgage and I don't believe they have a joint checking account. If he does, should he close it? We were wiped out by Katrina and the Road Home Program (what a joke that was), have had our house foreclosed on and don't want to lose his childhood home which we have worked our fingers to the bone getting back together. We are still working on in a little at a time. So somehow, I want to make sure we don't lose this house and we are not responsible for the debts in her name.

i do not believe he is responsible for her debt unless it is a joint account/joint mortage etc etc. I know I was also worried about this as it relates to my mom...I had visions of losing all of my $$ to pay her things...

Perhaps a little off topic, but along the same lines, my mother-in-law to be is now 86 and has been suffering from Alzheimer's for about 2 years now. She has incurred debt in rebuilding her home after Katrina. It was a total loss and had to be rebuilt from the studs up and down. All new electric, all new ac and heating all new roof, all new floors all new walls, etc. The question is her son, my fiancee, is the only heir, and will inherit the house, which is the only asset of the estate. My question is will he be responsible for her debt as well?

Are you absolutely sure that your aunt will not be returning to her apartment to live or visit? If so, then I'll go along with the above suggestion that you video tape her inventory of personal property and vacate the apartment after all has been taken care of. Is storage considerably less than her rent? Gather the will now, and make copies for the lawyer and anyone else named in the will. No need to distribute until after she passes.

If you have a DURABLE POA you have few problems, if it is not durable the POA has little value.

Before giving up her apartment, I would verify for myself that your aunt needs to stop living on her own. If she does need a nursing home at 82 she will be there for the rest of her life which could be a very long time.

As POA you should be able to pay her bills, rent an apartment or buy her a slot in an assisted living facility (providing she has significant savings). If she can manage to stay in her apartment with home health aides and/or companions you can use her income (social security, pensions, investment income) to pay for the home health aides to be with her. This arrangement is generally far less costly if her health permits it.

Given the high prices for NH and ALF, I would keep her in her apartment with
full time aides if possible. However, you may need to do a placement. As POA you will be dealing with signing her up for Medicaid as she exhausts her funds on the NH and ALF expenses.

Lastly if she was in the military or has a spouse who served investigate if she can qualify for a program called "Aid and Assistance" which may help pay for home health aide services.

Good Luck. You will learn alot helping your aunt.
Elizabeth

Yes. poa will end when your aunt passes and they will refer to the "will" the listing and photos and videos are great suggestion because all eyes will be on you for sure! I don't know if you can acquire a copy of the will before one dies and distribute the items now or not, thus perhaps saving money on storage.

If you have the POA you can do that with her items. I would strongly recommend getting an outside, objective person to do a video inventory as well as paper/photo listing so when it is time to read the will nothing is "missing" with all eyes on you. I am surprised at the stories I hear of false accusations of theft by family members. I just learned that once the person giving the POA passes, the paper is void. At that point you will have NO say, so do what you need to do now. Bless you for caring enough to take action, most people talk talk talk, very few care enough to act.