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cowpokebonanza Asked May 2022

Assets pertaining to Florida Medicaid and SSDI. Any advice?

PLEASE, PLEASE, PLEASE, read my "about me" section in my profile for a run-down of what happened and what's going on. It was too long to post here or I would've. Thank you in advance for any advice, help, or information. Sorry in advance for the length. Questions is below:


 


My dad co-owns a financed vehicle with his 3rd ex wife (there is an "or" between their names). The vehicle payment is 2 months past due and they have already granted my dad 2 extensions that pushed payments to the end of his loan. I know vehicles are an exempt asset for Medicaid and I very much need a reliable vehicle to get my dad around in. He is over $1k past due and the auto loan company wants a little more than half of what's past due to bring the loan out of default. It's a 2018 and he only owes about $16,120 on the loan which isn't much considering what they sell newer vehicles for these days. The problem is that the monthly payment is almost $700 as he and his ex had poor credit and signed into a contract with a ridiculously high APR. I'm unemployed as of last week because I left the state due to a death in my fiance's family and was told by my employer that if I don't return to work the next day they will consider it a resignation. We were living paycheck to paycheck so we don't have any savings. Once I found out my dad needed full time care I wanted to apply through the Medicaid program to be hired as his full time care giver (I get to spend as much time as possible with him while earning an income, I don't have to deal with strangers in my home, and I don't have to worry about the horror stories of abuse). Because I'm not employed, I can't refinance it/have my dad sell it to me, or take out a personal loan to pay off the loan balance. My fiance's credit score is too poor to do any of that also. If I sold it and paid off the loan balance that he and his ex owe, then purchase another vehicle with the remaining, will that make him ineligible for Medicaid and other benefits? I feel like they might also disqualify him for transferring assets. He has no other assets that I'm aware of. Should I just let it get repossessed? At a loss here. Any help is appreciated! Thanks!

Sendhelp May 2022
These are your words:
My dad is diagnosed with CLL (Chronic lymphocytic leukemia), COPD/emphysema, and ***is basically blind due to cataracts.***

My dad was ***going to drive the 3-3.5 hour round trip from Venice, to Tampa, and back*** due to my vehicle being out of commission (otherwise I would've visited him while he was in-patient). 

 Also, due to the high levels of calcium in his blood he has been disoriented, confused, and suffering hallucinations.

Those are only some of the issues. I read, was reading.

Your Dad is basically blind due to cataracts. The ownership of a jointly owned car is the very least of your problems. Sad, but true.

It looks like the care of your Dad, and any fiduciary responsibility for his affairs is beyond you or his family's ability. Dad needs more care than you can provide.

Allow the professionals to step in now. Medical and financial, and legal.

Sorry that your Dad is so very ill.

Under these circumstances, your (Dad) would not be the first person to park the car in the driveway until they came to repossess it. It appears no one in your family or your fiance can qualify for a reasonable rate on a loan. It appears you cannot afford the car, or qualify for payments.
The monthly payment is way too much for a used 2018 vehicle, imo. A person on Medicaid can own a vehicle up to a certain value, but income on Medicaid is not enough to cover a car payment, generally, and not even close to $700. Your Dad cannot see to drive.

Please focus on Dad's health. Be his daughter, not his caregiver. imo.

Again, so very sorry that your Dad is so very ill.

JoAnn29 May 2022
Your brother has a 7 yr old son and he could not pay the rent? You may have to sell the car back to the dealer and then pay it off. Why is your Dad financing a car that he can't afford. And if x is also the owner, she has a responsibility to make payments too.

Your problem is that Dad does not seem willing to do anything for himself and your brother is just as bad. So, I wouldn't put too much energy into helping them. My mantra is "I am here to help people find a way, but I am not the way" Meaning you point them to the water, if they don't drink you can't force them.

You need to first go to Social Services and see if they can temporarily put Dad and brother up somewhere. The 7 yr old needs a place to live. They maybe able to get food vouchers. Is Dad on Social Security Disability or have any income? If not or not enough to live on, ask about Supplimental Income (SSI). It will take a while to get other help. There is Medicaid for health, in home and NH care.

Your brother, if he doesn't already have it, should check out things for he and his son. At least the son. This is not your responsibility its your brothers. If he is old enough to have a 7yr old child, he is old enough to apply for help.

Housing vouchers are hard to come by. HUD only allows so many a year and enrollment is only once a year. I think its June or July.

Now you, make sure that Dad will take the help. If he doesn't and brother doesn't do for himself, walk away. If you don't you are just going to be frustrated and resentful. Not all State Medicaid will pay a person to care for a LO. It must be thru an agency. And you may not be paid 8 hrs a day at a decent pay. I would not do anything if Dad is not going to comply. And I would not take on the responsibility of your brother and his son.

I also think a 10 eviction is only the first step of a landlord. If your Dad refused to leave, the landlord would have then had to take him to eviction court where a judge would have made the decision. That would have given you more time to work on things.

In the end, a lawyer may be needed. Call the County Office of Aging to get a number or legal aid.

Good Luck and come back with an update on how things work out.

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BarbBrooklyn May 2022
You need to buy an hour of time with a certified Eldercare attorney.

Do NOT coming let finances and do not use your money to pay dad's bills.

I would also say "don't quit your job", but you've already taken that step.

Kmonnia May 2022
I don’t know the answer to your question, but suggest you search for free legal aid services in your area. There are many that can put you in touch with an elder care lawyer and it may not cost you anything based on your fathers income and assets.

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