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My parent has advanced dementia in a nursing home. At this point are my only options to get have POA redone with my name or guardianship? Can I sue a sibling if the proceeds from the sell of the house did not go to the care of my parent?
Medicaid does not put a lean on the house until the person dies. Not sure if a trust can be done once parent is on Medicaid. Everyone I know who sold a house, Medicaid stops until the proceeds from the house are spent down for parents care. Then u file again. You can have a lawyer ask for an accounting. A POA can't use the money for personal use.
Abby, the house might not have been sold at all if it was transferred to a trust. For whose benefit was the trust made? Your parent? I think there are some transactions mentioned that aren't quite clear.
You write that your sibling's "spouse's name could be on the deed to the house". Which deed? The one for sale of your parent's home or the house your sibling just bought?
Do you have enough knowledge of your sibling's financial assets to confidently assert that he or she really did use the proceeds from sale of your parent's house? That's the inference.
On the other hand, if the house was transferred to a trust, it wasn't sold.
I think some clarifications would help respond to your concerns.
Never fear, medicaid will have a lien against the house to recoup the money they are spending on your parent's care, they will be the ones looking for any proceeds from a sale.
The spouse's name was put on what deed? The house that was sold or the new one purchased? What makes you think it "could be" on the deed? What do you think the reason might be to put spouse's name on the deed? Who would benefit from that?
Is the fact that sibling bought a house the same month Parents' home was sold the only thing that makes you think something is suspicious?
Parent is on Medicaid. That must be renewed annually. Medicaid will definitely need to know what happened to the sale proceeds. POA will have to show where it went. Probably Medicaid will be suspended and the money will go to pay for the nursing home for as long as that lasts, and then Medicaid can be reactivated. Neither you nor sibling will get any of that money. (Sibling may be reimbursed for expenses they paid out of their own pocket.)
It is really unfortunate when siblings can't communicate with each other. It would make things go so much smoother! Not that the POA as any legal obligations to communicate about decisions, but it would help, wouldn't it?
pamstegma is right. The POA gets to make these decisions. Was the POA guided in the sale by an attorney?
Here are some other things to find out: 1. How long has parent been on Medicaid? While on Medicaid parent would have no money for the upkeep of the house. 2. For the months parent has been on Medicaid, who has been paying property taxes, insurance, and utilities? Who has been keeping the lawn (if any) up to city standards? Mowing? Shoveling? It costs something to keep an empty house from deteriorating. 3. Did the house need some updating in order to be sold? Who handled that?
If you want to pursue this in some way, I think you need more than suspicions and maybes.
My sibling recently bought a house at the same time selling our parents house (within the same month) My sibling's spouse's name could be on the deed to the house...I have to get more information. The hard part...besides my parents house being sold...is my sibling does not communicate so I have no idea what's going on. It seems to me it would be illegal to have a POA's spouse's name added to deed. My parent is on Medicaid in the nursing home and I was understand the house was placed in a trust to protect my parent's assets.
Do you have any reason to think the money is not being spent on your parent? That would be against the law. Do you have any evidence for this suspicion?
Getting guardianship is a legal process. As I understand it, if two family members each want to be guardian the court can appoint an outsider to be guardian. This person will be paid out of your mother's funds.
Only your parent could re-do the POA papers, and then only if they are competent.
The big issue here, it seems, is what is the POA doing with the proceeds of the sale? Have you asked? What is the claim?
You have no rights or responsibilities. The POA has the responsibility to see to the parent's care and if that means selling the house to pay for a nursing home, that's what they are expected to do.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
You write that your sibling's "spouse's name could be on the deed to the house". Which deed? The one for sale of your parent's home or the house your sibling just bought?
Do you have enough knowledge of your sibling's financial assets to confidently assert that he or she really did use the proceeds from sale of your parent's house? That's the inference.
On the other hand, if the house was transferred to a trust, it wasn't sold.
I think some clarifications would help respond to your concerns.
Is the fact that sibling bought a house the same month Parents' home was sold the only thing that makes you think something is suspicious?
Parent is on Medicaid. That must be renewed annually. Medicaid will definitely need to know what happened to the sale proceeds. POA will have to show where it went. Probably Medicaid will be suspended and the money will go to pay for the nursing home for as long as that lasts, and then Medicaid can be reactivated. Neither you nor sibling will get any of that money. (Sibling may be reimbursed for expenses they paid out of their own pocket.)
It is really unfortunate when siblings can't communicate with each other. It would make things go so much smoother! Not that the POA as any legal obligations to communicate about decisions, but it would help, wouldn't it?
pamstegma is right. The POA gets to make these decisions. Was the POA guided in the sale by an attorney?
Here are some other things to find out:
1. How long has parent been on Medicaid? While on Medicaid parent would have no money for the upkeep of the house.
2. For the months parent has been on Medicaid, who has been paying property taxes, insurance, and utilities? Who has been keeping the lawn (if any) up to city standards? Mowing? Shoveling? It costs something to keep an empty house from deteriorating.
3. Did the house need some updating in order to be sold? Who handled that?
If you want to pursue this in some way, I think you need more than suspicions and maybes.
Getting guardianship is a legal process. As I understand it, if two family members each want to be guardian the court can appoint an outsider to be guardian. This person will be paid out of your mother's funds.
Only your parent could re-do the POA papers, and then only if they are competent.
The big issue here, it seems, is what is the POA doing with the proceeds of the sale? Have you asked? What is the claim?