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Elder law

I am greatly hoping that you can provide some help. My Mother and Father are 88 and 92 years old respectively. My parents have approximately $260,000 in total assets and they live in an Assisted Living Facility (ALF) in Tarpon Springs. My father has been advised by a representative of a private organization U.S. Benefits Group that my father should consider purchasing a $230,000 ten year single premium Annuity in order to lower their countable assets below the VA cap so that they will be eligible for VA Aid and Attendance benefits. The Annuity would be taken out in my sisters� and my names. My understanding is that this annuity would pay income on a regular basis which, if needed, could be used by my sisters and me to help with the payment of their living accommodations . This Annuity also has a substantial penalty for early withdrawal (i.e. 9% in the first two years and a downward sliding scale thereafter). My concern with this plan is that this Annuity might make my parents ineligible for Medicaid long term care benefits should they ever need a higher level of care (i.e. memory unit or skilled nursing).

I have been advised that Medicaid has a gifting penalty provision which assesses a 1 month penalty for every $5,000.00 transferred in the past five years, and this penalty does not start to run until my parents actually apply for and are otherwise eligible for Medicaid. If the Annuity is in my parent�s names they will be over the asset limit for Medicaid. If my sisters and I are the owners of the Annuity, my parents will have a 40 month penalty if and when one of them applies for Medicaid.

We are in need of some sound objective advice and have been told you are an excellent resource for these situations. I work in Connecticut but live in New York which leaves me at a major disadvantage in helping them the way I could if I lived closer to them.

Any assistance or advice you could provide would be greatly, greatly appreciated.

With my sincere thanks for your consideration,

Cathie

Asked in FL May 19, 2022
Tag: 

# 2,246
The end of July, 2011, my mother-in-law was discharged from the hospital only to collapse at home and be readmitted the next day. She stayed in intensive care for almost 2 weeks then was placed in a nursing home. During her stay in intensive care, there were brief intermittent times that she recognized my husband. Also during her stay in intensive care an attorney that represents a local CPA firm that handes a large trust she inherited from her step mother and an employee of the firm visited her. Without any discussion or the presence of any family members, she signed a financial power of attorney designating the employee of the CPA firm as her financial power of attorney. According to the attorney, this was witnessed by a hospital priest. When the POA was contacted and a copy of the POA paperwork requested, the family was told it was none of their business and she did not have to show them anything. She referred my husband to attorney if he had anymore questions. The court was contacted and it was verified that it had not been put on record. The attorney was contacted and told my husband the same thing the POA did. So we have yet to see the actual POA document. My husband went to see a local judge who worked for my mother-in-law while he was in law school, he assured my husband he would look into it and get back to him that night. He didn't and weeks later when my husband caught him on the phone at home, the judge said he couldn't talk to him about it and couldn't help him and hung up. After numerous falls/injuries during her nursing home stay taff, an omsbudman was contacted. She visited the nursing home and advised the family that she saw the document but gave no details other than it did exist. My mother-in-law passed away April 13, 2012. No will can be located. It is rumored that a copy may possibly be in a safe at her church. The same church the attorney and the lady from the firm attend. We have been told by a 3rd party that the POA cashed in 2 life insurance policies to pay for her nursing home stay, pay off a $15k house note, and $9k for burial expenses. How do we go about finding out what transactions were done by the POA? Also, what can be done about it being obtained during my mother's incapacitated state?
Asked in GA May 19, 2022
Tag: 

# 2,248

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