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Stroke, no will, deadbeat brother.....HELP!!!

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parentissues

Junior Member
What is the name of your state (only U.S. law)? NJ

My mother suffered a slight stroke and is unable to write. Also Dementia has settled in. She doesn't have a will. She only verbally left me with instructions as to her wishes far has funeral arrangements, life support and resusitation(SP?). She's in a nursing facility in which Medicare will only pay for the first 20 days. I applied for Medicaid for her and she was denied because she was awarded a settlement from a bus accident she was in back in 2006.

She and my brother share an apartment in which they split the rent. My brother hasn't paid his part of the rent in a year. All the household bills are in my mother's name. He doesn't pay or contribute to that as well. I've been paying her part of the rent and her household bills. I want my mother out of the lease ASAP!!!

I have POA forms. How much will I have to pay a lawyer to get them signed? Is there another way for me that is less expensive for me to have POA on behalf of my mother. Can my brother fight me if I get POA? and if so what should I do?

My mother really needs Medicaid for she needs long term care. What can I do about that if they've already denied her? The money she recieved from the settlement was only $7000. That money is gone. They went by her bank statements to determine if she qualified.

I really need help.
 


Kiawah

Senior Member
You should talk to the case worker to find out why she was denied. From a financial perspective she could be over an income threshold, over an asset threshold, or has given money away over the course of the last 3-5 years, or some combination of all of those. They may be expecting her to spend down her asset and life insurance levels on her housing/nursing care, before they'd accept her.

From a medical perspective, it could be that she doesn't need 'nursing' home yet. Someone who can do fine in an assisted living facility won't qualify, they have to 'need' nursing care, and that is a medical threshold she'll need to pass.

I just worked through this for my MIL this year, and had numerous discussions with the case worker.
 

Dandy Don

Senior Member
Is there a rental agreement? You can talk to the landlord about your options there.

You need to be consulting with a family law attorney about whether a conservatorship is needed to give you complete authority to handle your mother's financial affairs.
 

parentissues

Junior Member
Thanx guys for replying to my post. I've spoken with the landlord and all he knows is that only half the rent is being paid which is the half I send in every month. He claims that he knows that my brother hasn't paid his part of the rent. The way he talked to me was as if all of this is my mother's fault. Which is not true. My brother's name is on the lease as well. My brother was out of work for a whole year. He hasn't saved any money for the "storm" you know what I mean. The deal thats between my mother and brother is that they split the rent. He knows good and damn well that they split the rent because they send it in separately; her check with her name and account, and his check with his name and account and they bank from different banks.

I know that my mother will need long term care. She doesn't even know what month we're in now. Its like she's going back into childhood. I'm very sad for her to the point that I stay up all night and work off of 3 hours of sleep. Everything has been going downhill since July when she came out of the hospital for the 2nd time this year.

I would rather that my mother get out of the lease than to be tied into my brother's BS.
 

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