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Would the account have to be in her name and would she need to authorize the account ? Who would name the beneficiaries? What would happen to the account if I should die ?
AlvaDeer is right. After 6 years on the phone talking to family members there was a small percentage of adult children who thought their parents care was secondary to their "entitlement". "Well $5k a month, that is my inheritance!" was loudly proclaimed. The head of the family needs to make the decisions and that could be a good or bad thing. M.
Always consult with an attorney. Make sure all your documents are legally in order. Alternates are named in case the first person managing care transitions first.
I disagree. And I doubt you can even do that as a POA. Happily. Your sister's assets should stand to provide her own care. Not to go to her heirs. It is an ugly, greedy thing, imho to steal the assets of a relative, putting them into an irrevocable trust, and then throwing them onto the mercy of government-provided care, which under most circumstances are not as good care as their own assets can provide them so long as they last. I think the above advice, while perhaps legal, is imho not especially moral. But, like masks and politics, it's something we here on the Forum, being of varied opinions, often disagree about.
My first suggestion is "find an Elder Care lawyer." As POA, I just went through all of this with my Mother. They will have advice on what and how to handle the proceeds of the house sale and all contents. Be sure to keep receipts for the household contents (whether sold, donated, or given to family and friends). There also may be state, federal and local tax issues with the sale. You will need to be aware of how to handle these within the state you live. The tax issues MAY BE handled at the time of the sale, if you use a realtor.
As POA, I opened an account for my Dad, named a beneficary, and set up payments for the Memory Care through that account. That's what the POA is for. As an only child, I wanted myself to be beneficary but the bank has policies against that. Our lawyer said that shouldn't be....but that's the way it was. I made my husband beneficary. Funny they let that happen?!?!?! If I die, he's got it, if he dies, I guess I change the beneficary. Good luck, you are in the middle of a major chore!
We have just completed this process for my MIL. We went to the lawyer for advice, and it proved to be very straight forward. One consideration is will she be unable to return to her house at a future date?
All of the proceeds from her house went into her bank account to be used for her care. We had all the checks made out to her name and deposited them into her account. My husband is named on her back account, so he can pay her bills.
The house would have remained empty unless we chose to rent it. We still had to pay taxes, utilities and upkeep on an empty house while those funds would be better spent on her care at a local facility. The lawyer recommended we sell the house and contents ASAP to preserve as much money as possible for her care. The sale should get her nearly three years worth of care.
Another consideration for timing might be the real estate market where her house is located.
Also, you did not state if your sister is able to handle her finances and make decisions for herself. I think if she has that mental capacity, she should be part of the decision making.
My MIL was not in charge of her finances for the past year as she was purchasing home and car warranties because she though they were bills. She also should not have been living on her own, but refused to go to assisted living. She fell several times which sent her to the hospital and she was discharged to a nursing home with memory care.
I made an appointment with an elder lawyer and he created a trust for me to put the proceeds into from the sale of moms house. I was the trustee so I set up a checking account in the same bank where we had the trust. As trustee I would write a check to myself from the trust, deposit it into the trustee checking account and pay moms bills from there. Keep every invoice and receipt. Keep statement copies. Use carbon copy checks. That way everything is accounted for should the money run out and she needs to apply for Medicaid.
I would be very careful about asking for this advice from an anonymous global forum. Rules that surround your questions can vary by state here in the U.S.
If you are currently serving as financial POA and you don't know these things I am worried and would suggest you attend an elder law attorney to learn your obligations and duties and how to do these things and keep records of them. Selling at this point may not be a good idea, or may be, but you need advice and the POA is allowed to get this advice. and the cost is paid by the principal.
You should, if you are POA already be on her accounts as such. Funds from the sale would be placed in her accounts. That is to say the account is in her name, with you added as POA, the person who writes the checks signs with her name followed by yours as POA. You should also have files and folders for everything and every receipt and records monthly of every penny into accounts and out of.
Your POA must be written so as to allow you to sell property for her. Yes, this is HER ASSETS and it goes into HER ACCOUNTS. The outcome of beneficiaries only pertains when and if she dies and then it is distributed along with the rest of the estate in the way her will dictates by her named executor.
Please see an attorney. You are undertaking a LEGAL fiduciary responsibility and are held, under the law, liable for knowing exactly how to do these things. And, again, your POA pays the Attorney out of your Sister's funds.
Your sister is allowed under the law to hold one house and still seek Medicaid help if she needs it. If you sell this house the money is her asset and will have to be spent down before applying for any governmental help with care.
If you are uncertain how to do all this you can also consider hiring a Licensed Trained Fiduciary. The elder law attorney will be familiar with them as they serve in absence of family POAs through the courts when state guardianship is required.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Make sure all your documents are legally in order.
Alternates are named in case the first person managing care transitions first.
Your sister's assets should stand to provide her own care. Not to go to her heirs.
It is an ugly, greedy thing, imho to steal the assets of a relative, putting them into an irrevocable trust, and then throwing them onto the mercy of government-provided care, which under most circumstances are not as good care as their own assets can provide them so long as they last.
I think the above advice, while perhaps legal, is imho not especially moral.
But, like masks and politics, it's something we here on the Forum, being of varied opinions, often disagree about.
All of the proceeds from her house went into her bank account to be used for her care. We had all the checks made out to her name and deposited them into her account. My husband is named on her back account, so he can pay her bills.
The house would have remained empty unless we chose to rent it. We still had to pay taxes, utilities and upkeep on an empty house while those funds would be better spent on her care at a local facility. The lawyer recommended we sell the house and contents ASAP to preserve as much money as possible for her care. The sale should get her nearly three years worth of care.
Another consideration for timing might be the real estate market where her house is located.
Also, you did not state if your sister is able to handle her finances and make decisions for herself. I think if she has that mental capacity, she should be part of the decision making.
My MIL was not in charge of her finances for the past year as she was purchasing home and car warranties because she though they were bills. She also should not have been living on her own, but refused to go to assisted living. She fell several times which sent her to the hospital and she was discharged to a nursing home with memory care.
I agree with what AlvaDeer posted to you.
Selling at this point may not be a good idea, or may be, but you need advice and the POA is allowed to get this advice. and the cost is paid by the principal.
You should, if you are POA already be on her accounts as such. Funds from the sale would be placed in her accounts. That is to say the account is in her name, with you added as POA, the person who writes the checks signs with her name followed by yours as POA.
You should also have files and folders for everything and every receipt and records monthly of every penny into accounts and out of.
Your POA must be written so as to allow you to sell property for her.
Yes, this is HER ASSETS and it goes into HER ACCOUNTS.
The outcome of beneficiaries only pertains when and if she dies and then it is distributed along with the rest of the estate in the way her will dictates by her named executor.
Please see an attorney. You are undertaking a LEGAL fiduciary responsibility and are held, under the law, liable for knowing exactly how to do these things. And, again, your POA pays the Attorney out of your Sister's funds.
Your sister is allowed under the law to hold one house and still seek Medicaid help if she needs it. If you sell this house the money is her asset and will have to be spent down before applying for any governmental help with care.
If you are uncertain how to do all this you can also consider hiring a Licensed Trained Fiduciary. The elder law attorney will be familiar with them as they serve in absence of family POAs through the courts when state guardianship is required.