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POA, Medicaid, Asset protection, big mess

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warmocom

Junior Member
What is the name of your state? Tx

Background:

I am a sole surviving heir to my mom's estate. No siblings.
Father passed away in 2000 and my step father passed away in 2005.
Mom has dementia/Alzheimer's.
Sought legal advice from attorney
Mom was placed in care facility and medicaid approved in May 2005
I have Durable POA for health and finance

Estate:
Homestead, auto and personal effects, all OK'd by Medicaid.

Scenario:
Received death benefit from step-fathers passing in July 2005.

Homestead was too far away to take care of. It was a drain on what little income remained after Medicaid payments to care facility

Sold homstead Nov 2005

Attempted to purchase new homestead with proceeds from homestead 1 sale combined with death benefit from step-father. Attorney explained that death benefit funds needed to be dispersed this calendar year.

Title company for new home purchase wouldn't accept my POA (which allows for real estate transactions ... another long story) due to my mom's mental state. Couldn't confirm that the POA hadn't been revoked. (I know, hindsight about making the POA irrevokable is 20/20)

Homestead 2 purchase is dead without guardianship being put into place. No can do this late in the year.

Question ... can I take the funds from the death benefit and home sale and buy my mom a new vehicle and it be protected? At least it is something to show for her years of hard work.

Thanks
 


warmocom

Junior Member
Why do you think that money will be protected?
What is the name of your state? Tx

Background:
Sought legal advice from attorney

Estate:
Homestead, auto and personal effects, all OK'd by Medicaid.
Your comment leaves a lot other questions. I'll start with the most obvious ..
Why do you think they wouldn't?

Medicaid allows for a homestead, auto and personal effects to be exempt from liquidation according to the legal advice I am getting.

I appreciate your reading and responding. But please be a little more thorough in what your thoughts are or in asking clarifying questions.
 

ShyCat

Senior Member
Huh? How does one purchase a new homestead for someone who will never live there, and a vehicle for someone who will never drive again? Think that would really pass the smell test?

Okay, the truth is you want to buy yourself a new home and vehicle using your Mom's money while taxpayers pick up the rest of the tab for her care. Nice. I doubt you'll find anyone here willing to assist you in fraud. Looks like you've made your last real estate deal using that POA.
 
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warmocom

Junior Member
Nice broad jump to conclusions. Must be a world record.

Not attempting to fraud anyone. Everything up to this point has been under the VERY watchful eye of Medicaid. Everything is 100% legal and by the book.

I just don't know if a new vehicle, a vehicle needed to ferry my mom to and from Dr's appointments, shopping, etc falls in the same category as a homestead.

I'm not talking about 100s of thousands of dollars. It's a tick over $28K. So my motives for getting "me" a new house or car just isn't there.

But thanks for your kind, heartfelt response. Happy Holidays ... you've made mine so much brighter.

Not everyone is a gold-digger, looking for a free ride. My Dad and Step-dad both died from cancer, under hospice care, in my house. My mom lived with us for several months before she became violent, due to her dementia. We are a close family with deep moral and ethical roots ... roots given me by my mom.

A 3 month stay in a psyche facility has gotten her medication straightened out and she is much more docile and lucid. That ate up the near $80K she had in liquid assets.

There is hope of her getting her feet under her once again. It would be nice to have a place for her to go, close to me, so that she could live the rest of her days with some dignity, instead of a burden on tax-payers.

If you can be helpful, I would appreciate it. If you can only see folks in a bad light, then please refrain from making an already stressful and bad situation worse.
 
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