Just looking ahead... Mom will probably go on PACE in a few years, but I'm unsure if she'll be allowed or able to sign anything at that point. I am POA (and joint on her checking account) but we haven't messed with getting the bank to accept her self-completed POA doc because they likely will want their own doc completed and her bank is 12-hours away by car (she lives with us but still uses her old bank from where she used to live).
I'm just hoping that the actual process of getting her signed up for PACE (and Miller Trust) will be able to be accomplished easily (I am sure we'll also need an attorney), without us figuring out how to get the bank to accept my POA. Is joint on the checking account, a POA that does exist, plus going to see an attorney going to accomplish all of this when the time comes? I haven't been able to learn much about how the actual sign-up happens. Who signs? What is signed? Anything specific to Colorado would be helpful. Thanks!!
It is so much easier (and even with a lawyer) less expensive to do things the right way from the start rather than trying to play catch up.
As to these forms, I believe you will have better luck signing as POA and submitting your POA papers in the case of governmental assistance, but uncertain.
If your Mom is still able to do a POA PLEASE get to an attorney to get a "real" one done, because you are going to have problems with the ones you pull off the computer. Few entities accept their legitimacy, and once families find this out it is too late. So let this serve as warning to others.
You need to learn all you can. You are correct that you need an attorney for your questions, options and paperwork. Please do asap so mom will be competent to sign things.
To set up a Miller Acct you will need an Elder Lawyer versed in Medicaid. The trust falls under Medicaid criteria. And reverts to Medicaid upon death.
We used an elder law attorney to create our own trust, and trusts can be complicated so def use a lawyer or estate planner for that. You can also consult with a Medicaid Planner for CO to get insights.
I am not knowledgeable about the PACE program but do look for posts from Igloo here on this forum. You can do a search using Igloo PACE and her posts will come up and may be helpful for you.
I was going to apply for Medicaid for mom because her funds were running out, but she passed away right before that became necessary. I had the application printed out and the name of a person to help me fill it out and then follow the process of it being accepted or rejected, etc. I think she charged $1400. I believe I was able to sign for mom as her POA, but if not, I'd have had her scratch out her signature which WAS required a few times.
I sat down with a Certified Elder Care attorney in Denver for a free consult several years beforehand and it was priceless. He had a ton of useful information for me, including how to apply for and get VA Aid and Attendance benefits for both mom and dad since dad was a WWII veteran. Mom continued getting survivor benefits after dad died.
Wishing you the best of luck with all of this.