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An irrevocable Trust made 9 years ago by my sibling when mother signed a durable POA instead of a Medical POA my sister told her it was a medical POA but it was not, can she still get Medicaid? My mom cancelled her POA my sister had made but it was to late she had already took her $$ and moved her home and land 27 + acres & put it in an irrevocable Trust. My mother lost a law suit she had against my sister. Now at her age 99 she has more needs, she fell in 2015 had to have heart surgery and had hip replacement and can't walk and do a lot she did before and they have not helped her at all, saying she had $$ enough but she spent what little she had. They got a court order to sell her home giving my mother 4 weeks from March 6th to move her long lifetime belongings and selling her home and making her take all her furniture and personal things she had in the house out. I have helped her since 2009 and she is in an assisted living and I have been paying the difference in all she needs because all she gets is not even enough for the total price of the assist liv plus her AARP, Medicine drug plan & medicines the plan does NOT PAY. Plus her pull ups, pads, diapers, extra things over the counter & more. Will Medicaid help pay ins for hospital, medicines, incontinent supplies she can not afford. Nursing home also may be needed. I took care of her from 2009 thru 2015 when she fell and a few months later I fell & it was to hard to help her as I did. But I still do everyday. They devastated my mother and the courts do not see the true issues they lied and won. How can they do this to their mother?

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Mom and sister has this trust as well as other funds. Sis died. When she was still competent, she assigned beneficiaries. It is now only in her name. This trust is managed by her fiancial advisor found on the top header of monthly reports. She gets 1099 tax forms and has to file taxes which are less than other investments. When she finally needs it for her care it will be the last to spend down. I am her POA and it goes only to her. I just call her advisor as needed.
You said that mom could not prove her case. It looks like more than 5 years passed since mom gifted. Where were you when all this happened? Why are you helping mom with your own money instead of helping her get on Medicad? Are you the financial guaranter on the assisted contract? If she needs a nursing home then next time she gets hospitalized refuse to bring her home.  
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I am so glad we had to do Moms POA the way we did. We went to a lawyer and Mom told him what she wanted. She signed, he signed and it was witnessed. Then there is no question that its legal.
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wwhelp, please note that Power of Attorney has zero influence on Medicaid [which is different from Medicare]. By the way a Durable POA covers both medical and financial.

As for your other questions regarding the selling of the house, best to contact an "Elder Law Attorney" as an Irrevocable Trust is complex.
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