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Questions about CELA, documents, etc

M5M
M5M Member Posts: 114
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I read here often and have learned so much! Went to CELA and had a Family Trust, DPOA, related documents created or updated. CELA was not especially helpful in saying, "Now, do this, put these things into the Trust". Finally we are about to identify which accounts need to be moved to Trust. We live in Texas. I have read an IRA or an Annuity don't go in the Trust, but will they be "counted against" our income if Medicaid becomes necessary?

I still don't know if I need to have documents with me all the time. I frequently sign his name but no one ever says, "Where's your X document?" I expect I need to provide the medical facilities with the new medical documents, ....what else do I need to consider?

Thanks. The CELA thing has taken months.

Comments

  • jfkoc
    jfkoc Member Posts: 3,768
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    edited July 2023

    Everything I own is in a trust which was drawn up before my husband died. He was the beneficiary. When I die all will be split up between my children.

    I carried a copy of the DPOA and the Living will in the glove compartment of the car. I also kept a current med list and a copy of DNA there.

    It is a good idea to have these saved on your computer.

    Additionally, fill out any additional forms your bank will need and get HIPAA in place with your med team.

  • SDianeL
    SDianeL Member Posts: 891
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    I would ask the attorney. Are they managing the Trust? Have them make a list and explain it. They may also know about whether the accounts are counted against income for Medicaid purposes. this might help: https://www.medicaidplanningassistance.org/medicaid-eligibility-florida/#:~:text=Examples%20include%20employment%20wages%2C%20alimony,exception%20of%20Aid%20%26%20Attendance%20pension.

  • Joydean
    Joydean Member Posts: 1,498
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    You need to check with what ever state you live in for Medicaid. The one listed above is for Florida. Your state may be different.

  • Ed1937
    Ed1937 Member Posts: 5,084
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    If you keep copies of your documents in the car, that will be a good thing. You can also keep a .pdf of them on your phone. Whenever my wife went into a hospital, I made sure they made a copy of my DPOA soon after we got there. Once they have it, they should not need it again.

  • ButterflyWings
    ButterflyWings Member Posts: 1,752
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    Excellent advice so far. I don't know your situation but suggest you make several hard copies and keep scanned copies on your phone and laptop. Then, I highly recommend you lock the originals up somewhere safe. You don't want them walking away via your PWD LO (or someone else much later, who might decide to challenge your POA status in an attempt to take control of person and property. Court is stressful, expensive, and slow -- with no guarantee that justice will even be served. Ask me how I know).

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more