POA and not keeping others informed.

[Nitrostang]

I live in South Florida and my elderly Mother unfortunately has beed diagnosed with sever Dimensia. About 16 months ago, my brother and I moved her into an assisted living facility. On that same day without me my brother took mom to her bank and had her sign a POA form for him. Unfortunately communication and relationship with my brother have always been lacking. I live in South Florida around the corner from Mom and my brother is in PA.

He has hired an Elder Law Attorney to handle some things which I am not 100% sure of. Can't get an answer from him and the Attorney willnot speak to me as I do not have POA. Mom had some monies that are offsetting the monthly expense. We had discussed some things about he rpersonal affairs many months ago, however my brother continues to do things his way. Now we are awaiting decision if the gov't will intervene to offset the monthly expense.

My brother keeps mentioning a "Personal Sevice Agreement" between Mom and us individually to disperse whatever monies shae has left. Can someone possibly explain this to me? Also is this money taxable?

Next question. Is it worth it for me to go after my brother legally for funds possibly spent for no rrason. For instance spending over 3K per month to "Buy donw" her assets so the gov't will talk to us!

 

[Nitrostang]

Also forgot to mention that now the Assisted Living facility where Mom is at will not speak to me in reference to her health and personal needs. This is getting rediculous!

 

[army judge]

I live in South Florida and my elderly Mother unfortunately has beed diagnosed with sever Dimensia. About 16 months ago, my brother and I moved her into an assisted living facility. On that same day without me my brother took mom to her bank and had her sign a POA form for him. Unfortunately communication and relationship with my brother have always been lacking. I live in South Florida around the corner from Mom and my brother is in PA.

He has hired an Elder Law Attorney to handle some things which I am not 100% sure of. Can't get an answer from him and the Attorney willnot speak to me as I do not have POA. Mom had some monies that are offsetting the monthly expense. We had discussed some things about he rpersonal affairs many months ago, however my brother continues to do things his way. Now we are awaiting decision if the gov't will intervene to offset the monthly expense.

My brother keeps mentioning a "Personal Sevice Agreement" between Mom and us individually to disperse whatever monies shae has left. Can someone possibly explain this to me? Also is this money taxable?

Next question. Is it worth it for me to go after my brother legally for funds possibly spent for no rrason. For instance spending over 3K per month to "Buy donw" her assets so the gov't will talk to us!

If you believe your brother is acting improperly or illegally towards your mother, you should engage teh services of an attorney.

You should discuss becoming her guardian.

As her guardian, his POA would be meaningless.

Then you could compel him to disclose to the court, just what he has been doing with her assets.

It sounds as if your brother isn't on the "up and up".

If you are appointed as her guardian, the care facility, the bank, everyone would be forced to deal ONLY with you.

You would, in turn, be accountable and responsible to the court.

Speak with a local attorney and get this done rapidly, before your brother has stolen everything and your mother is not only ill but penniless!

 

[Nitrostang]

Thanks for the reply. What about the "Personal Service Agreement"?

 

[irish223]

I disagree that the brother isn't on the "up and up".

You and your brother are expecting Medicaid to cover some costs of your mother's nursing home care. IMO, your brother is doing what he can to make that possible.

The personal service agreement allows you to be paid for services that you and your brother perform for your mother. The fact that he includes you indicates to me that he is, in fact, on the "up and up".

I assume that the "buying down" of assets is additional equity that's being put into your mother's house. As long as the equity-to-debt ratio falls below a certain limit, the equity in the home is of no consequence to the Medicaid application. By buying down the mortgage, it won't be necessary to spend all your mother's cash on her care. It's being added to the home's equity.

ETA: How do you know that your brother is spending 3K to buy down assets if you don't know what your brother is doing? He must be communicating something..

Also, the Personal Service Agreement, as I understand it, is compensation, so it would be considered income to you.

And of course, please discuss your concerns with an attorney to be sure your brother is handling your mother's affairs appropriately.