My Dad is in a nursing home for rehab. I was told he may need to stay because he cannot take care of himself. He has about $20,000 in Checking, which I am the POA on, and two CD's at $10,000 each which are POD to me. I am looking for an elder attorney advice. I also have a 35 year old brother who received SS disability income that is on a 12 to 13 year olds level that was living with my father in his home at the time of his fall. My father had guardianship of my brother since the 90's. Currently, I have Power of Attorney for both my 84 year old Dad and my 35 year old disabled brother. Should I also get guardianship for my father or brother even though I have POA's for both of them? I have been told by the rehab to spend down my Dad's assets so that he can qualify for the long term medicare waiver program. I realize this program goes back five years. What spending of his assets is allowed under this program? My brother is still in the apartment where they both were living before the fall where there are nurses that come by daily to look after my brother. I am concerned because my Dad technically is still paying for the apartment that my brother is in and soon will have to start paying the nursing home where he is staying. Are there any assisted living facilities that house seniors and disabled (regardless of the age) in Maryland? Are there any based on income? I also contacted the VA, who did not help me at all, they stated that because my father is not service connected there is no home health help being funded at this time and to quality for the aid and assistance program, he has to qualify for a disability that came from being in the service.
It does not sound like their is enough time for you to spend down what little money he has to qualify for Medicaid. That does not apply to Medicare which will probably pay 100% for your dad's stay in rehab if they file it correctly. Does he have any other insurance than medicare?
Do the doctors think assisted living will be right for your dad or does that depend on how he does with rehab?
It does not sound safe for your brother to live alone in that apartment. If you could handle him for the short term, you could bring him home or you can try to find a group home or a nursing home for persons with his health challenges. I'd get everyone and everything out of that apartment, put what needs to go into storage in storage and go from there. I hope you can find a good lawyer and some sound advice because you sure need it. Best to you in the days, weeks and months ahead.
I'm not sure what guardianship would do that having POA does not already do. Working on guardianship is a painful, costly, and lengthy process in which the relative has to be on trail basically as to if they are competent to handle their own affairs in a business like manner. . Going that way might hurt some relationships unless you just absolutely have to. Do you have medical POA along with the Durable?
I am sorry I do not know of any companies in your area, only ones in Indiana. The VA may have some names that would be able to help you locate some as well. You can try to locate a Social Worker as well with in the VA and they may have some names of companies that can help you.
Blessings, Bridget