ill father, have POA, how protect assests? Can sell car?

[basilsnow]

My father is very ill and not competent at the present time. He is hospitalized and will be placed in a nursing home. I have POA. How can I protect his assests so that the state doesn't end up taking everything he has? Also am I allowed to sell his car as he will not be driving ever again? I am concerned that if he gets better and is independent again, he will have nothing left to live on. He is on Medicare. I am writing from Michigan.

 

[I AM ALWAYS LIABLE]

My father is very ill and not competent at the present time. He is hospitalized and will be placed in a nursing home. I have POA. How can I protect his assests so that the state doesn't end up taking everything he has? Also am I allowed to sell his car as he will not be driving ever again? I am concerned that if he gets better and is independent again, he will have nothing left to live on. He is on Medicare. I am writing from Michigan.

My response:

The State is "very hip" to people doing as you're suggesting. They see it all the time. If you plan on placing your father in a Nursing Home, and to have Medicare pay for those services, their investigators are very, very good about finding property transfers, of every type, within the 6 months prior to placing him. You see, transferring property, and then asking for taxpayer money (Medicare) will be deemed to be Medicare fraud.

Also, the papers you'll be signing, under oath, will place you, personally, on the hook when they find out property transfers have been made within the preceding 6 months. Everybody tries to do what you're suggesting. Believe me when I tell you, it isn't going to work, and you could be in for a "peck of trouble".

In summary, what you're suggesting is a real "no, no".

IAAL

 

[basilsnow]

Thank you for your prompt reply. Your answer is what I expected and I do not disagree with the concept. I certainly had no intent to defraud Medicare. My main goal is to provide well for this gentle soul in the event that he recouperates adequately. If I might also ask, does the state allow him to keep any of his funds for the expenses on his apartment, utilities, and his monthly financial responsibilities?

 

[I AM ALWAYS LIABLE]

My response:

Yes, I think the current amount is no more than $5,000.00 in cash or other holdings. I'm not sure of the current amount, so it wouldn't hurt for you to call Medicare and ask for specific answers.

I'm sure he is a wonderful soul, and I'm happy that at least someone is looking out for him. So many times, our aged population are left alone and forgotten. So, in this small way, I say thank you. It's not an easy job.

IAAL