Follow
Share

In 2009 a POA (I didn't know she had one) made an Irrevocable Trust. Realized later, after all the following happened, my mom was talked into signing a POA a few years earlier when my dad was having a heart procedure. My mom took them to court tried to prove she didn't know what exactly she signed & said she was not explained everything that they said is in it. She thought it had been a medical POA only in case of an emergency if she was in hospital only! She spent close to $20,000.00 + or - on lawyers & lost. I agree there are a lot of legal terms you do not understand. Dr. said she was competent. So it began in June 2009 my mom called one day & says COME GET ME. I did not know what was going on. I said where are you? I thought she was just visiting my sister & brother. She said, I'm in a place they talked me into going in & they told me not to call anyone or tell them where I am, plus I asked Nancy to help me wash my hair she said I didn't put you in here to babysit you & she has been acting very strange & not telling me about my CD's & private things she has of mine & she may turn me over to welfare. I said What?! Where are you Momma? She tried explaining. I thought you were just visiting them. I was really surprised. I had my flat tire fixed & went to find my Mother 2 hours away. Found her & took her to an Attorney. He stopped the POA, but it was too late they already transferred the house, land & $170,000.00 that were in CD's in my name, my sister's & my brother's, & transfer her 3b/2ba brick home. You see back in 2008 my mom had a stroke & made her left side weaker, but she knew and acted like she knew what she was doing. I helped her with Phy Therapy took her to doctors & water therapy. My mom started staying with me in 2009 not in her home that they transferred but she was with me. This all was a shock to me to know my brother & sister would do this & then leave me $1.00. They made themselves Fiduciaries & beneficiaries. It still hurts me & I can imagine the hurt my mom holds in. In 2015, my mom broke her hip, & had to have a Valvuloplasty heart procedure to open up blood flow in order to be able to do the hip replacement within hours of each other afterwards she went into a Nursing home for rehab, skilled nursing, phy therapy. We found out the supplement ins plan she had did not pay for skilled nursing, so after her Medicare paid for the 1st 20 - 21 days her out of pocket cost was $157.50 a day, 1 month (31 days) is $4,882,50, for 3 months $14,647.50 & after the 100 days she was there it was more a day plus the cost of supplies you pay for. Approx 5 to 15 days more we had to pay. I asked my brother & sister to pay with the money they took without my mom knowing they put in an irrevocable Trust but they did not answer me. While she was in rehab I fell & hurt my hip & knee & knew I could not do all I did before, we had to find an assisted living and that cost to just enter was over $5,000 for 1st month then $3,750.00 a month plus the cost of approx. 4 pull ups a day, 4 pads a day, 4 briefs at night. She is not incontinent & knows when she has to go but sometimes can not get to toilet in time. She is still there, today is November 25th 2017. She is 99 years old right now & this surgery was in 2015 almost three years ago. She ran out of money at some point and I can't keep using my money I have been using. I am 66 years old, & no one to help me when I will need it. I feel she should be able to have Medicaid. I called as some point, they said her check of $1,513.00 was too much & she doesn't qualify. So I never applied for her because of what they said, so can she still have a 5 year look back? What do they look for? My mom loves to play Bingo, Table Horse races, Table Bowling, Corn Toss, & other games. She doesn't want to stop. I do not want to loose my mom! I love her, she is so special to me. Right now she needs a surgery called a TAVR she isn't sure to do it. Her AORTIC Valve is calcified. Over1 1/2 years ago after Valvuloplasty they said she may not live more than 6 months but she has but it has become more calcified & doctor says it is critical. The TAVR is supposed to be for high risk & elderly patients who can not have the regular Aortic Valve replacement. The TAVR surgery does not take old valve out, you go up groin & not cut your chest open to replace it the regular way. My sister & brother did not come to see her in the hospital or rehab before. They have not sent a Birthday Card, Mother's Day, Christmas,Thanksgiving or Easter card since 2009, 8 years ago. After the Hip Replacement & Heart Valvuloplasty she caught C-Diff in hospital, I fed her yogurt everyday while she kept her eyes closed tight & lips sealed tightly after waking up from anesthesia to make sure the C-diff she caught there would not take her life like it did my dad in a rehab where he caught it. The yogurt puts back the good bacteria. What can I do to get her help & hope she can use Medicaid in this assisting living or Nursing home?

This question has been closed for answers. Ask a New Question.
When was the 20 thousand spent ? Contact a elder attorney have him/her get medicaid for your mother. As far as the trust goes she will most likely never get it back and most likely you will never see a dime. I know it stinks my mother was taken for everything she had.
Helpful Answer (0)
Report

An irrevocable trust does not become truly "irrevocable" until the settlor's death. If, during the settlor's life, all parties concerned (the settlor, trustee and all beneficiaries) consent, they may revoke the trust. Many types of trusts remain revocable until the settlor dies. However, in an irrevocable trust, the settlor theoretically cannot make any changes once the trust has been executed. Most states will assume that a trust is irrevocable unless language in the trust stipulates otherwise. A settlor is the person who creates a trust by a written trust declaration, and may transfer initial assets into the trust. A settlor is also referred to as a "trustor", "grantor", or a "donor." Under the law of the vast majority of states today, the settlor’s retention of power and control does not prevent a valid and enforceable trust from being created. However, in the past and in only a few jurisdictions today, such an arrangement would be insufficient. The court would hold that the trust is illusory because the settlor did not really transfer a beneficial interest to another person and did not actually impose fiduciary duties.
Helpful Answer (1)
Report

I agree with Gladimhere above, you need to talk to an Elder Law Attorney, as they specialize in that field.
Helpful Answer (1)
Report

The social worker at the facility should be able to help you. Contact an elder law attorney that specializes in Medicaid for advice if needed. Most will do a free telephone consultation.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Subscribe to
Our Newsletter