Help with possible elder abuse

[earlofcrankcase]

Snowey's mother-in-law CANNOT revoke a POA. Snowey's MIL is INCOMPETENT!!!!

Where does it say she has been deemed incompetent?

Guardians are NOT responsible for the legal fees of wards, unless they choose to be. Because the ward & the ward's property is under the scrunity of the court, a guardian MUST have court authorization (via a court order) to do certain things on behalf of the ward.

A fee to the ward is a fee to the estate. Why would anyone want the court scrutinizing the estate? Why have this added legal hassle of petitioning the court every time they turn around & have mom pay for the pleasure too?
I see the need if you are going to put her in a ALF. Because a corrupt ALF could do so if there is not one in place.

The court will absolutely love Snowey's husband putting his mother's money in HIS name.

& your suggestion is?
Oops sorry I forgot. You like to answer questions with more questions.
The only court that will be loving this is the probate court unless a guardianship is drawn up.

You need to have mom's name attached to the funds because the likelihood of the ALF being corrupt is slim. & This could easily be misconstrued as fraud.

She can give away $12000 a year. Provided you have not paid to have her deemed incompetent with this guardian stuff. You could use this to move the money into a CD for her with no worries. The LTHC insurance will buy you all the time you need for this. So take your time to decide but remember for every 117.08 gifted her eligibility for Midicad is put back one day. IE: $12000.00 gifted means she is ineligible for 103 days.

Furthermore, depending on the amount of money THAT NEEDS TO BE IN A GUARDIANSHIP ACCOUNT, all the money in a CD is NOT an intelligent thing to do.

I agree with you on this. If they go with a guardianship they will need to set aside a portion of the estate to pay for this. Set aside a lot of time too.

Oh, brother....please tell me how Snowey's husband can have Social Security send him his mother's SS money with a POA, earl.

Once again your comprehension skills have failed you. My statement was that these funds should be enough to not need the funds from the home. Not what you have spazed it into.
As for me my mom's check goes in her account & I write checks against it. I brought my mom & the dpoa papers to the bank prior to doing this & have never had a problem so far.

 

[earlofcrankcase]

Thanks Earl!
Mom is doing great! she has a calm sweet disposition. she never complains about anything!
I have found that she will do what I do and also she likes to clean, so sometimes she picks up my 13 year olds money that he lays around and she puts it in strange places.
I am so glad she has LTCI and it should last about 5 years and after that she would use her money from the sell of her house.
so right now I think we might look into ALF because we have stairs in our house and she hates them.plus I do not want her to ever fall down the stairs.


Hi Snowey.
I remember the good ol days when my wife used to find humor in those things. I have a sunken living room. I used to be worried about it too. Now it is the only positive proof I have that her short term memory still works. My mom is also sweet as can be. "NOW". She was one tuff bird in her day.
I am finally going to meet with an eldercare attorney tomorrow 8/14. Can't wait! I pasted my list of questions & added one for you. & two at the bottom too keep the mood going.
I'll let you know how it goes.
Provided I'm not booted & scooted by then of course.
If you have anything else you want me to ask let me know before 12:00 Texas time.
THE LIST:
What is required to remove someone's DPOA if she is competent?

Can I transfer my DPOA to another brother?

Can I transfer this DPOA if it is out of state?

What are the benefits of a guardianship v/s the DPOA for financial & the DPOA for medical I have?

What are the downsides to a guardianship?

If mom is put in a ALF with the intention of returning home is the house a recoverable asset?

Can I make repairs to said home with her funds?

Can I pay relatives or other individuals for her care as long as I pay the employment taxes?

What is a legitimate figure for these services?

Can I receive in home care paid by Medicaid in my home while hers sits vacant?


Can I receive the Medicaid payments & keep her in a top notch place if I pay the difference? ( the only home I feel good about doesn't take Medicad)


Can I as DPOA give away $12000.00 a year to her sons & myself if I sell her home?

She was deemed competent by the attorney & witnesses that signed the DPOA.
When does she become legally incompetent?

What does the court consider proof?



Can I loan brothers or myself money from her estate & they be the ones held liable if they default?

How Will I be asked to document her living in her house at least 2 out of 5 years to qualify for her current homestead exemption?

If I tell a ALF she has no money is that a crime?

IF NO How do I keep an ALF from applying for or receiving Medicare & Medicaid on her behalf?

Since my mother had the stroke that started this I have received forms from the government asking for the accounting of her SS payments. I have not responded to these or prepared an income tax return for her in ten years.

What is the best way to correct this?



Do I need to file a tax return if she has no income other than her $695 a month SS check?

What are the benefits the VA will provide for my fathers service in WW2?

What are her asset limitations to receive these benefits?

How should I document the selling of the assets in the home? Furniture ect.

Can I pay myself for the demolition of her home?

If I were to build a new home on her property is it possible to protect it?

Could the government collect more than the value of the land & the demo if I finance the construction?

I am strongly considering having my brother in Oregon take care of her while she still doesn't require professional assistance. Is a plane ride out there to check it out an allowable legitamit expense?

If I do this should I establish a guardianship first In case it doesn't work out?

What would the cost to establish a guardianship be?

Could they override it somehow?

My mom does not have dentures & does not want them. Could this be used as an excuse for an AFL to apply for guardianship?

How explicit does my accounting for her funds need to be?

Can I buy her a car when she has no current DL & can no longer obtain one?

Have you ever been arrested for loitering in an emergency room?

And last but not least.

When you hear the sound of a siren what statement closest describes your feeling?
A. Oh crap their after me.
B. I hope everybody comes out OK.
C. I think I hear the sound of opportunity knocking.

 

[Snowey]

Hi
wow Earl that sure is alot of questions.
I hope everything works out for you!

we are going to tour the Assisted Living Facility(ALF),my husband has already been there and he said it is real nice.
it looks like a nice hotel and my friend who is a CNA has worked there before and she said it is a great place.
it is not a nursing home at all,it is like apartments where they have aids come in and take care of them.
they have many activities and they specialize in Alzheimers.
they will even take the people out on field trips.
we are not even considering Medicaid right now,Mom's Long Term Care Insurance will pay $80 a day so they will pay $2400 a month for Assisted living and they will feed her meals and they will do housekeeping and laundry also.
and then we will be there to help too.plus she will get to have her own place with her stuff.
so I think this would be best for our family because right now I am trying to raise my 13 year old and he is so jealous of his Grandmother and her Dog.
he has been acting horrible and going through puberty so I am spending all my time trying to disipline him and explaining Mom's condition.

one of your questions made me think of what the SIL did.
she had her 3rd DWI and with no drivers license she bought a car in June and put it in Mom's name and made Mom pay the insurance and put her brother that is in jail as a driver
and Mom does not have a drivers license.
what we did was take the license plates off and mail them to DMV and canceled the insurance so the SIL would not drive the car and cause an accident and make her Mom be liable for it.
what we will do when Mom's house sells is put the Money in CDs with Mom's name but husband as DPOA and have him as POD on the account.
that is the way Mom's checking account is.

to Blondie
I understand what you are saying.
My husband asked the lawyer about Petitioning the Court so Sis could give an account but the lawyer did it this way.
we did not have much time and living in a different State made it more difficult.
the sister and brother in jail(getting out on parole in Aug.) had a plan,they wanted to live in Mom's house and let Mom pay all the bills while Mom was in LA. with us.
the sister was on Mom's Checking account as joint owner so now Mom's account is hers with my husband as POA.
and all my husband has to do as far as her SS is go to the SS administration to be Mom's Representative Payee.
so we are trying to sort through all this to find out what is the best thing to do.

 

[earlofcrankcase]

Good deal! Finding the best place for the best buck is the biggest key to the puzzle.
I found a place like that but it's just under 6k a month. Now I have to judge her time left v/s her money. I think we are good too.

 

[pojo2]

Hi
wow Earl that sure is alot of questions.
I hope everything works out for you!

we are going to tour the Assisted Living Facility(ALF),my husband has already been there and he said it is real nice.
it looks like a nice hotel and my friend who is a CNA has worked there before and she said it is a great place.
it is not a nursing home at all,it is like apartments where they have aids come in and take care of them.
they have many activities and they specialize in Alzheimers.
they will even take the people out on field trips.
we are not even considering Medicaid right now,Mom's Long Term Care Insurance will pay $80 a day so they will pay $2400 a month for Assisted living and they will feed her meals and they will do housekeeping and laundry also.
and then we will be there to help too.plus she will get to have her own place with her stuff.
so I think this would be best for our family because right now I am trying to raise my 13 year old and he is so jealous of his Grandmother and her Dog.
he has been acting horrible and going through puberty so I am spending all my time trying to disipline him and explaining Mom's condition.

one of your questions made me think of what the SIL did.
she had her 3rd DWI and with no drivers license she bought a car in June and put it in Mom's name and made Mom pay the insurance and put her brother that is in jail as a driver
and Mom does not have a drivers license.
what we did was take the license plates off and mail them to DMV and canceled the insurance so the SIL would not drive the car and cause an accident and make her Mom be liable for it.
what we will do when Mom's house sells is put the Money in CDs with Mom's name but husband as DPOA and have him as POD on the account.
that is the way Mom's checking account is.

to Blondie
I understand what you are saying.
My husband asked the lawyer about Petitioning the Court so Sis could give an account but the lawyer did it this way.
we did not have much time and living in a different State made it more difficult.
the sister and brother in jail(getting out on parole in Aug.) had a plan,they wanted to live in Mom's house and let Mom pay all the bills while Mom was in LA. with us.
the sister was on Mom's Checking account as joint owner so now Mom's account is hers with my husband as POA.
and all my husband has to do as far as her SS is go to the SS administration to be Mom's Representative Payee.
so we are trying to sort through all this to find out what is the best thing to do.

You DO NOT get it and you never will!
Crankcase is just as clueless.

There are L E G A L procedure that need to be followed even if you are trying to protect someone. Though frankly in this case I have come to the realization the only thing you are trying to protect at this time are monies in your own bank accounts. Please do not reply with another long, tedious repetition of the same thing over and over.

I could tear you/ hubby apart in a court and I am not even an Atty in Estate and Elder matters.

 

[Snowey]

you are very sad!
we did not do anything, the lawyer did it this way!
and if you think we are after money YOU ARE RETARDED!

walk in my shoes and see how you would protect YOUR MOM!
by the way I have been working my tail off to take care of Mom and my back has gone out and I can barely walk.
and my husband works 6 days a week and we are raising a 13 year old .

so you really do not know what you are saying!
and guess what ,we PRAYED about this whole sitiation and you know what ,IT IS GOD THAT IS TAKING CARE OF MOM!

so YOU CAN TAKE YOUR BIG FAT JUDGEMENTS AND PUT THEM BACK WHERE THEY BELONG,ON YOU!!!!!!!

Because I am CONFIDENT that regardless of everything that has happened it WILL WORK OUT FOR THE BEST!

GET A LIFE POJO AND FIND SOMEBODY THAT YOU CAN HELP !
because I know that I am doing what I am suppose to do!

 

[Snowey]

I could tear you/ hubby apart in a court and I am not even an Atty in Estate and Elder matters.

OOOOOH ! I'm scared