Go fund me & attorney questions

[Slap Stick]

In MO it is five years to qualify for Medicaid.
Many nursing homes do not accept Medicaid because it pays a set amount per day and some homes charge more.
Some have limited Medicaid beds but you must wait for an opening. When on Medicaid the home gets the resident's Sosecurity.
You can have the family trust set up and to qualify for Medicaid you must spend down the assets until that amount is reached. To do so you pay the nursing home their fee but you pay the trust up to the same amount IIRC. You may also use money from their account to provide needed services and products.
Simple explanation but don't rely on this post for legal advice. Consult an attorney.
It cost $3k to do it but saved a bunch and ended family squabbles. In fact, the attorney put my brother in his place when he griped about me setting it up. The lawyer said he worked for my parents, not me.
He didnt complain a bit when I handed him a check after their passing.

 

[F4R/T]

Also I wonder if you should pay yourself or family member for anything pertaining to up keep of parents home , care etc. NOT that any of us want the money but everyone else is getting paid.. Put it away for kids or something from parents for grand kids... Idk

 

[padam]

In MO it is five years to qualify for Medicaid.
Many nursing homes do not accept Medicaid because it pays a set amount per day and some homes charge more.
Some have limited Medicaid beds but you must wait for an opening. When on Medicaid the home gets the resident's Sosecurity.
You can have the family trust set up and to qualify for Medicaid you must spend down the assets until that amount is reached. To do so you pay the nursing home their fee but you pay the trust up to the same amount IIRC. You may also use money from their account to provide needed services and products.
Simple explanation but don't ray on this post for legal advice. Consult an attorney.
It cost $3k to do it but saved a bunch and ended family squabbles. In fact, the attorney put my brother in his place when he griped about me setting it up. The lawyer said he worked for my parents, not me.
He didnt complain a bit when I handed him a check after their passing.

This makes sense, as much as I can follow it.
Seems like the key is to do it at least 5 years ahead.

 

[Slap Stick]

The five year rule is for real estate. I set up the POA and trust after the folks were already in a nursing home.

 

[betmarkllc]

Here is how we managed it in Michigan. Perhaps Ohio is similar. Petition State Probate Court for Guardianship. The Court will assign a Guardian ad Litem to assess you parents. They will report back to the Court and advise whether to assign Guardianship to you, which shall afford you POA and medical responsibility. You can do this yourself, but strongly suggest hiring a competent attorney to apply. Need not be expensive. It appears you are fortunate to have help from the VA for financial assistance in you parents care. Best of luck to you. They don't teach this stuff in school.

 

[Hey-O]

Pooled my mom and dad's assets and helped pay around 15 thousand a month for the both of them. It broke my heart to do and see it, but, It's the best we could do. It sucks!!

 

[Crackedback]

The way POA's work is that when you want to revoke it you just do. Your parents can tear it up and inform the parties they no longer have it. To be safe publicize it in a newspaper and keep a copy in case they try to use it after the date it's revoked. Then, have a new POA drawn up and a witness to the signing of it. If you Mother is coherent enough to dial the phone and plead for help she's good enough to take out a new POA. Your parents can do it over the phone, call your sisters and tell them straight up, that they no longer have the POA and are no longer in charge of their affairs Period. if your sisters want to fight it then they can spend their own money in courts. Get them out of there.

This....

Unless your parent are deemed incompetent to conduct their affairs, have them revoke the POA. You could google search how to do that in your state. No attorney needed, a notary would likely be required. The other thing, as long as the POA is NOT for healthcare decision, DNR, etc. it can be executed while they are in a facility. You can't backtrack on a healthcare poa while they are in the facility.

Additionally their are different types of POA's. Some are in effect from the moment they are executed, others require a level of incompetence or inability to care for themselves. BIG difference in how powers are transferred.

JMO, how your parents are in a facility, when they don't wish to be and express that opinion, makes the treatment by your sister on the edge of elder abuse.

I'd also see about getting the trust updated with co-trustees, so one person can't unilaterally make decisions. Removal of your sister as trustee might be a good subject to broach. I bet your parents would be open to this with the recent developments.

If the bank account was set up properly in the name of the trust, you are in good shape. If the account is a joint account with your sister, she has free run at anything in the account as it's considered community style property. Additionally, if the account is in the name of the trust and your sister is funneling funds off, you have MAJOR leverage if anything was used for her benefit that was not directly for your parents. The fiduciary level on a trustee with funds is strict.

I just went through something similar with family where one person wanted to force a member into a retirement facility. That didn't happen because the elder didn't want to go and others stepped up to provide care.

Good luck as this family stuff SUCKS!!!