I'm not sure what happens financially.

joseph58

It's becoming clear, in the three weeks I've been home, that my father cannot be cared for at home anymore. 

I have to consider a Nursing home for long-term care. 

Spoke to a Finance (Medicaid) person last month when he was in for short-term Rehab. 

What he told me is that my father can keep no more than $954/month of his current income, and no more than $16,000 in his bank account. 

However, I need to hold onto this house, because losing the house would cause siblings to be homeless. Cannot allow that. 

Attorney suggested I pursue a Guardianship over my father, but it's not clear what that gives me. Yes, power to make decisions regarding his health. Not sure how it helps me in other matters. 

Can anyone please advise? 

Thank you. 

harshedbuzz

joseph-

I am sorry it is coming to this. Have any of your siblings obtained a POA or guardianship?

You need to see a certified elder law attorney yesterday. They are the only person who can answer your questions specific to your situation. If your dad is not married, then the house would ordinarily be sold to fund his care. There may be an applicable loophole which could allow the siblings to keep the home if they can prove they were his caregivers keeping him out of a SNF for 2 years. 

HB

joseph58

I have POA.

He has a Life Estate, as long as he lives the house belongs to him, in the event of his passing, myself and my brother are the inheritors.

We're not interested in selling the house for financial gain. That's not the goal.

This house is shelter and a roof over our heads right now.

Guardianship is not inexpensive to pursue, and I do not see what it gives me beyond the ability to make decisions regarding his health, long-term care, where he might be moved to.

There is a lot to managing a person's health, in addition to their financials, their monthly bills, cleaning, cooking, shopping, bathing, laundry, etc.

It's overwhelming, and I am not trying to escape responsibility (nor complain about it), I am doing the best I can; but I am only one person and I'm also human, I have needs too...

Please help me understand some of this stuff, if possible, Thank you. 

harshedbuzz

joseph-

I would suggest you contact the attorney who drew up the POA and Trust. They'll be able to explain your next steps. We were able to sell property, make any necessary medical decisions and place dad in care using his POAs; if dad's covers those powers you may be fine to move forward.

HB

Hoot619

If you haven't a CELA get one, a regular attorney does not know the ins and outs of Medicaid. Don't put your Father in anywhere til you see one.  They know what to do and will advise you on everything.  Others will chime in on this.  The family could lose a lot. Hoot

M1

Joseph, I would do both:  contact the attorney that drew up the POA, but also look at nelf.org--this lists certified elder law attorneys by location.  You maybe can find out there if the attorney who drew up the POA is certified.  If not, you may well need one re:  the finances.

SunnyAB

If your father is the Grantor of the life estate in addition to the life tenant, then you have the Medicaid 5 year lookback period to contend with. After 5 years has passed since he granted the life estate, then it is no longer a factor with Medicaid. If he is only the life tenant then you have no lookback period to worry about and it is still not a Medicaid asset because it cannot be sold for his care (unless you, your brother, and your Dad all agreed to sell). A life tenant has no right to sell, rent, or finance a life estate. This is why life estates are used to protect a home from Medicaid, among other things. 

I'm not sure why someone is recommending you seek guardianship. As you said, (and assuming your financial POA is valid, uncontested, and that you are using it with no problems), the most guardianship will give you is authority over healthcare decisions. It will also give you a headache and a lot of expense. If your Dad did not have any healthcare proxy, doctors would turn to family if a decision was needed to be made and your father was not able to make it. If your father does not have a spouse, the doctors will look to you and your siblings to make healthcare decisions if there's no healthcare proxy. 

It would be unusual for someone to set up a life estate and a financial POA but neglect to name a healthcare POA.

joseph58

Thanks, the POA was done locally without an Attorney, we used a Notary and two witnesses.

The Life Estate has been in place 12 years, but another sibling (now deceased) was on it, we just had that updated last April.

Yes, I agree, do not see what a Guardianship gives me. He initialed Health care and HIPAA in addition to managing his bills and finances. 

So as far as I'm concerned it is a valid legal document, he signed it and I signed it in the presence of witnesses.

He's really getting bad lately, it's too much to take care of him, he needs 24-hr service and I cannot do that single-handed. Sucks. 

RunningWorried76

Hopefully the POA you have gives you the power to make healthcare decisions. If not, you might need guardianship. But, I don't know. The laws are different by state.

If you want the best answers, as others have mentioned, I highly recommend contacting a certified elder law attorney (CELA). I used a local general practice attorney to do the POA for my mom about 5 years ago. I finally enlisted the help of a CELA about 2 years ago, and I wish I had done it at the very beginning. There is so much she told me and helped me with in terms of mom's care and mom's finances that would have been helpful to my family earlier. 

Try searching at https://nelf.org (National Elder Law Foundation).

Best of luck.