So the short of it is we (my cousin and myself) had Auntie transferred to a LTC nursing home awhile back and while we never had POA were considered her representatives since we were basically the next of kin. We did all the paperwork etc asked of us and after some rough patches agreed this was the best option however we have now run into a roadblock where we cannot get access to her bank statements because the bank decided to go paperless and since our names are not listed on the account will not allow us access which we totally get but we just want to make sure she always has enough money to cover the 2 bills which are paid. The only bills we pay out of her account are her stay at facility monthly and her additional medical insurance. She would always just sign the checks and we dropped them in the mail but now we see now where we really should have gotten a durable POA. Since she has been in the facility for awhile, we are wondering what steps we need to take next and if this is even possible. We thought we were doing the right thing helping her out the way we were but now not so sure We now realize we probably should have gotten an Elder attorney involved but wondering if it’s a little too late for that. Thanks for any input
Also, there are several categories of people who can receive transfers of your aunt's assets without disqualifying her from Medicaid paid care.
To do this planning you need the POA authority, but if you don't have that, your elder law attorney can get you legally authorized using a Probate Process called (in my state) conservatorship.
If you haven't spent down all or your aunt's life savings it's worth the effort to get the legal authority and do the planning. The sooner you get started the more of her life savings can be set aside for her supplemental care and special needs. You'll save her from becoming completely impoverished, and you'll be able to provide her with things to make her life better.
https://www.masshealthhelp.com/pdf/pooled-trusts-massachusetts.pdf
Because this "nonprofit" manages the trust, individual beneficiaries and family not only have no say in how to invest/use this money, BUT, any money remaining on death doesnt go to FAMILY, but to the non-profit. This honestly is seldom devised to save or make money for Auntie or her heirs. It is a whole big deal worked out to benefit others. IMHO.
If you can't do QIT (qualified income trust) or Miller Trust, I would watch very carefully about doing THIS. Only my humble opinion, and I am NOT an expert. Just someone who carefully questions those who are.
Not knowing her entire financial and medical condition, it is difficult to know if you need an attorney or not. You could contact a certified elder attorney and explain your situation. Some will give a consult and explain what you need to have them prepare. Some will charge you for an hour of their time and go into great detail with next steps needed.
The more too late you feel the situation, the more likely you are to need the properly educated and experienced attorney.
If she assign an PoA then you will need to take that paperwork to the bank to be added to her accounts BUT in my experience some banks will require her presence in order to do this and they don't care if she's in LTC.
You can pay her bills through her bank's BillPay feature (so you won't need any paper checks). If she has a credit card, that is helpful but you may want to freeze her credit to prevent fraud or abuse.
Also, I think you mean you need the statements for Medicaid, not Medicare. I'm not sure what an elder law attorney will be able to tell you except that you will need to pursue guardianship at your own expense or else you call in the county social worker and tell them she needs a court assigned guardian who will then take care of all her management and needs. IMO this is the route I would take. With a court-assigned guardian you will still be able to have the same relationship with her (and access) but you won't be responsible for any of her care needs. It's a win-win. I personally went through this with my step FIL and it was a great solution.
None of this is your fault: your Aunt should have taken care of this while she was able. Everyone ages and declines and needs help. This was her mistake. Just make sure to heed it, and make sure you and your cousin have all your legal ducks in a row for your own sunset years.
Our new member, Maine, wasn't aware to only make the question ONCE. There are now several GOOD threads going on this question, so be sure to visit the others until the admins can come in and try to get them combined.
I see now that this is Medicaid coming to the fore.
I would step away from this. There is likely not the funds left to even address all this with an attorney, and Aunt is unlikely to be judged with the capacity to assign a POA.
THIS is now in the hands of the facility involved. They apparently accept Medicaid? If not she would be moved to a Medicaid facility. And all of this, with nothing in place will be a nightmare. Let them and their social workers and the state handle it. But do know at that point you will not have control over when, where and what placement, or over how her funds are gathers and spent by the state for her care.
BUT you are free to visit and be the good family you are trying to be.
You should not have to take on the impossible with all of this. To be honest, I don't see how you can. And that is what I would tell the administration.
And no, this is the USA. They cannot kick your aunt into the streets. They have to place her. They have to report to APS she has no POA, can't assign one, and needs guardianship of the state. Their social workers are educated in how to do all this. You aren't Maine. Don't take this on.