I Highly recommend that you seek direction from an " Elder Law" attorney. There are Very complex systems that every caregiver has to find their way through; getting professional direction will give you piece of mind that you and your sister are doing everything possible correctly for both your brother, mother and, your own well being.
Yes, get with an attorney licensed in your state that is experienced with establishing "special needs trusts." These are specific trusts for disabled individuals/adults that can/should be set up for them so that: 1) funds can be set aside for the care of the disabled individual -- not commingled with in this case your mother -- but where also your mother can put some of her funds/assets into this special needs trust for him and 2) to establish who manages the special needs trust; your mom is quite old (sorry) and if anything happened to her and then you, then who (?) takes over --might be wise to have a successor/alternate named now as the next Trustee (could be an attorney/licensed fiduciary) to manage the trust.
There are age limits to when such trusts can be established and it takes time, legal paperwork/filings, etc. Do not bank on this, but I believe the age limit may be 60 or 62; so best to get with an attorney asap to figure this out before that age limit deadline is missed!'
Your bio was a bit confusing relative to your question. If SSDI (social security disability) is being considered/applied for the disabled brother, again best to work with a licensed attorney on this part but that designation may be needed before the special needs trust can be set up. All the more reason to move as quickly as you can, to not miss the age limit for that special needs trust.
Also the spend down is for Medicaid, not Medicare (?) but I assume this is so that the disabled brother can have medical coverage? Or perhaps, the intention is to get him qualified for Medicaid long term care coverage so he can be placed in a nursing home? If the later (nursing home placement) work with the licensed attorney on this party too, as mom's funds might be spent for him to enter private pay (do not spend down and then try to get a nursing home placement (skilled nursing facility - SNF) as he may not have the best pick of the better facilities. SNFs like it when people come in as private pay and later spend down to qualify for Medicaid. Also, have the attorney review the admission paperwork at the SNF (if that is the plan for his care) so that no one personally signs to pay for the care themselves if he does not qualify for Medicaid and do not sign to agree to "take custody" of him if he does not qualify or needs to be discharged. It is important to have a lawyer review all this language as it is a contract and there is no "do over" if you sign something in error.
I’m kinda surprised the court did not give y’all some kind of handbook or online resource for this. Or your attorney didn’t provide for something as well.
on Monday call probate court and speak with one of the staffers to see if they have some sort of online fyi document for you. Courthouse staff is a fountain of knowledge who cannot speak to legal advice but has a ton of detailed information they can provide to you. The court is going to want periodic reporting and in a format, so you need to start off properly in all this. Fwiw in my experience, PC loves, loves their formats and you want to make double sure you do whatever in the proper PC format. Pay attention as to how the bank accounts for your ward is done, the bank officer should know as to how to set this up…. NOT a teller but an experienced bank officer needs to do this.
Bigger PC in a lot of States have online guides as to “how to be a guardian”. Like Harris Co (Texas which is basically Houston area) has all sorts of online guidance in their PC system; their PC judges imo are really on it technology wise for online stuff, so maybe look at what they have to get an idea of what’s what.
I agree, the best advice you can get is the office who arranged your co-guardianship, the courthouse staff and the bank manager where you do your banking. Exhaust your free resources and do not pay for advice unless it seems necessary. But definitely be sure you base your decisions on solid legal advice according to their legal residences. The more you can set up to deposit and withdraw automatically is best. Most banks now have billpayer service which is an online free service. You can set up any monthly bills to be paid automatically and less stress for you to be sure they are paid. You might even consider separate banks so the funds do not cross over.
Google "how to be a guardian" but only use what you find for insights to help you know what questions to ask. Each state and sometimes even each county may have their own legal procedures so you be sure you are following the ones for their local residences.
Consult a qualified elder care attorney because a trust may be the best route to prepare for the possibility of you passing before either of them. You may even get the best advice for managing their funds now. Do your homework before going to be sure you are making the most of the expense.
See an attorney to help you to set up a trust and to teach you what guardianship and the fiduciary duties of good record keeping entail. This is crucial. The funds of your brother pay for your seeing the attorney. If you feel, after your visit with the attorney, that you are not capable of managing a special needs trust, do consider hiring a Licensed Fiduciary to do this. This is a crucial legal matter. I wish you the best.
There are age limits to when such trusts can be established and it takes time, legal paperwork/filings, etc. Do not bank on this, but I believe the age limit may be 60 or 62; so best to get with an attorney asap to figure this out before that age limit deadline is missed!'
Your bio was a bit confusing relative to your question. If SSDI (social security disability) is being considered/applied for the disabled brother, again best to work with a licensed attorney on this part but that designation may be needed before the special needs trust can be set up. All the more reason to move as quickly as you can, to not miss the age limit for that special needs trust.
Also the spend down is for Medicaid, not Medicare (?) but I assume this is so that the disabled brother can have medical coverage? Or perhaps, the intention is to get him qualified for Medicaid long term care coverage so he can be placed in a nursing home? If the later (nursing home placement) work with the licensed attorney on this party too, as mom's funds might be spent for him to enter private pay (do not spend down and then try to get a nursing home placement (skilled nursing facility - SNF) as he may not have the best pick of the better facilities. SNFs like it when people come in as private pay and later spend down to qualify for Medicaid. Also, have the attorney review the admission paperwork at the SNF (if that is the plan for his care) so that no one personally signs to pay for the care themselves if he does not qualify for Medicaid and do not sign to agree to "take custody" of him if he does not qualify or needs to be discharged. It is important to have a lawyer review all this language as it is a contract and there is no "do over" if you sign something in error.
on Monday call probate court and speak with one of the staffers to see if they have some sort of online fyi document for you. Courthouse staff is a fountain of knowledge who cannot speak to legal advice but has a ton of detailed information they can provide to you. The court is going to want periodic reporting and in a format, so you need to start off properly in all this. Fwiw in my experience, PC loves, loves their formats and you want to make double sure you do whatever in the proper PC format. Pay attention as to how the bank accounts for your ward is done, the bank officer should know as to how to set this up…. NOT a teller but an experienced bank officer needs to do this.
Bigger PC in a lot of States have online guides as to “how to be a guardian”. Like Harris Co (Texas which is basically Houston area) has all sorts of online guidance in their PC system; their PC judges imo are really on it technology wise for online stuff, so maybe look at what they have to get an idea of what’s what.
Google "how to be a guardian" but only use what you find for insights to help you know what questions to ask. Each state and sometimes even each county may have their own legal procedures so you be sure you are following the ones for their local residences.
Consult a qualified elder care attorney because a trust may be the best route to prepare for the possibility of you passing before either of them. You may even get the best advice for managing their funds now. Do your homework before going to be sure you are making the most of the expense.