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As POA, can you use your loved ones money to buy a car to transport them?
I recently moved my Aunt ( I am her POA) from another state to be closer to me and my husband. Unfortunately we both have large 4 wheel drive vehicles and she is unable to get in or out of either vehicle .
We need our current vehicles for the snowy winter months.

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I think that would fall under gifting / enrichment of yourself with her funds.

Not legal advice but this also seems like one of those hard things to prove in the general sense. I would speak with a lawyer experienced on the subject they can show you the creative ways to get around such things.
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I personally think you could buy, rent or lease a car for your aunt as her POA. But it would just be my opinion.
Who would question what you do besides Medicaid should she need them?
Is her son in the picture at all? Is he an heir?
A visit with an elder law attorney might be worth your time.

How is your mom? Good to see you on the forum. I hope you and DH have been well.
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xrayjodib Jul 19, 2023
Mom passed away in February.
I was able to see her and kind of mend some fences.
My cousin is not in the Trust.
I think my Uncle was so disgusted with him that he took him out of his will.
My brother and I are the only family left.
God bless
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This from a newsletter I get.


Depending on your circumstances, Original Medicare may cover scheduled/regular non-emergency ambulance transportation if the ambulance supplier receives a written order from your doctor in advance stating that transport is medically necessary. However, Medicare does not cover ambulance transportation just because you lack access to alternative transportation. The order must be dated no earlier than 60 days before the trip.
 
For example, if you are receiving dialysis treatments, Medicare may cover ambulance services to and from your home to the nearest dialysis facility, if other transportation could endanger your health. 
 
Keep in mind that Medicare does not require a doctor’s written order for coverage of emergency ambulance transportation.
 
In certain states, ambulance suppliers must receive prior authorization from Medicare before providing scheduled, non-emergency ambulance transportation. These states include: 
Delaware 
District of Columbia 
Maryland 
New Jersey 
North Carolina 
Pennsylvania 
South Carolina 
Virginia 
West Virginia 
If the prior authorization request is approved, Medicare should cover your ambulance trips so long as the ambulance supplier also receives a written order from your doctor stating that transport is medically necessary. If Medicare denies your request, the ambulance supplier or you should submit a new prior authorization request. You have the right to appeal denials. Keep in mind that if you choose to receive services after a denial, you may be responsible for the full cost of your ambulance transportation. 
 
If Medicare does not cover the kind of transportation you need, you may have other options. For example, Medicaid may cover some types of transportation that Medicare does not. Additionally, some Medicare Advantage Plans may cover additional types of transportation as a supplemental benefit. You can also contact ElderCare or your local State Health Insurance Assistance Program (SHIP) to learn about local resources that may be available to you.
 

 
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Need to Know
Upcoming Medicare Minute:
Medicare and Transportation Services
Sometimes the toughest part of getting health care is not a procedure or the recovery time, but just getting to a doctor or hospital. From emergency ambulances to scheduled rides, this Medicare Minute reviews transportation options for your health care. 
Date: Thursday, July 20
Time: 3:00 – 3:30 PM Eastern Time
Fee: $0
Medicare Minutes are short, engaging presentations on current Medicare topics hosted by the Medicare Rights Center. Each month’s presentation is streamed live on your Medicare Interactive profile and will help you learn more about your benefits and make the most of your Medicare coverage. You can see the full Medicare Minute schedule for the year and add the webinars to your calendar. 

https://mailchi.mp/medicarerights.org/extra-help-spap-294045?e=7447a0586a
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Since you updated us, she cannot buy you a car because it would be considered gifting. If she needs to leave MC for doctor appointments or professional services then you might want to see if her local social services or bus company provides transportation at a low cost. You can meet her at the appointment.
If she has adequate funds, then paying Uber for those appointments are considered part of her spend down. Just keep good records. Because Uber is charged, you might want to match up a cross reference to those professional payments. I could do this by keeping bills sequential when I was POA for my mom
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Call an Uber.
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Jodi; It's so good to see you again!

Is your aunt in a facility near you?

I must say that once my mom was dxed with dementia, I didn't transport her myself. This was because when we DID drive her (from rehab to her new AL) she grabbed the steering wheel from my husband, almost forcing us off the road (on a very busy highway).

From there on in, we had her transported via medical transport to doc appointments.

Hope all is well with you and yours.
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I know that this does not answer your question , but my mom could not get into my Honda Pilot.. my husband built a step , I want to say 20 x20 ,4 inches high put handles on the side for easy pick up , it was an easy step up , and she could then navigate in… and out …might help in the mean time…
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xrayjodib Jul 17, 2023
We tried a small step stool.
Unfourtunatly, it didn't work for either of our vehicles. I have 30" tires on my Wrangler and my hubby drives a Chevy truck.
Her left knee doesn't bend.
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If Aunt has ALZ or any Dementia, she cannot enter into a contract. Read your POA, does it give you the right to buy and sell. Your Office of Aging may have Senior bussing for appts and shopping. I think you can accompany her.

Your profile says she is in an Assist Living. They should be able to provide transportation too.

Me, too much involved. To use her money the car would need to be in her name, registered to her and insurance in her name. If Medicaid ever came into the picture, they would question money leaving her account and the car set up in ur name. I suggest, you just buy an inexpensive car to get from A to B.
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xrayjodib Jul 17, 2023
I need to update my profile.
She was been in MC for 2 years.
My POA states that I am able to buy and sell as long as it's for her wellbeing. I am not able to spend money for my own personal gain.
I don't think I am required to cause a loss at my own expense as my Wrangler is literally irreplaceable.
It's definitely a quandary!
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I would wonder whose name the car title should be in if she pays for it. I don't have an answer for that. Maybe jointly? I would also check out the cost of insurance if it's in a very elderly person's name.

I agree with cwillie that a medical transport service, although not as convenient, may be more cost-effective and less of an overall hassle. I would talk to an elder law attorney about whose name the vehicle should be in.
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cwillie Jul 17, 2023
Unless she is physically compromised she wouldn't even need medical transport, a taxi or uber should be sufficient for most outings.
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Your POA gives you the ability to act as though you are an extension of the person granting POA so technically you can do anything they desire and would have done for themselves, but I question the wisdom of buying a car that would have to be set aside exclusively for her use... it would be far less costly to hire transport than to buy, maintain and insure a car.
Your profile mentions that your aunt has Alzheimer's, did you move her into a memory care?
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xrayjodib Jul 17, 2023
Hey Cwillie,
I have moved her to my home state from Ca. Her MC was charging almost 10k a month. On top of that every Drs appointment required a transport (not provided by MC) and a paid chaperone to accompany her into and out of the office as she would never remember how to get out.
This was $200.00 for transportation and $100.00 per chaperon. She can get around with her Walker, but her left knee is frozen. Her Alzheimer's is advanced. She is only 15 minutes away from me now.
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