This really isn't a probate question. It deals with a personal injury/wrongful death claim. To get your question before the right type of attorney, I have changed the practice area. Don't delay in contacting a personal injury attorney. There are some short time limits in which you need to file a lawsuit. Most personal injury attorneys do not charge for the initial consultation. If they feel you have a case, they may take it on a contingency basis.
While your father is doing his best as caregiver, it doesn't sound like he is fully capable of handling the situation himself. This is a very common situation. Unfortunately the only solution may be for you to petition the court for a guardianship. The important consideration should be your mother's health. You need to consult with an elder law attorney to review your options.
“Elder law” is defined by the American Bar Association’s Standing Committee on Specialization as a holistic approach to the practice of law, akin to trusts and estates, which includes:
• Health and personal care planning (advance directives and powers of attorney)
• Pre-mortem planning (wills, trusts, powers of attorney, etc.)
• Fiduciary representation (executors, trustees, attorneys-in-fact, etc.)
• Legal capacity issues (guardianships and conservatorships)
• Public benefit...
You are missing the fact that unless your son falls within one of the narrow catagories of exemptions the transfer will trigger a penalty period if you make application for Medi-Cal within the next five years. It's not just about the taxes. That doesn't mean the transfer can't be done. You will just need to be prepared to deal with the consequences. Rather than forging ahead, you should consult with a good elder law attorney in your area who has experience in Medi-Cal planning.
The best thing you can do for your father and yourself is get with an elder law attorney who is experienced with Medi-Cal rules. The worst thing you can do is begin moving assets out of the trust before getting competent legal advice.
Holding on to the check, sending it back or refusing to cash it could also be considered enough to cause you to lose your benefits. You may however be able to put the check in a special needs or pooled trust and still retain your benefits. The funds in the trust get spent on you, but are not available for Medicaid/SSI purposes. A 1st party or d4A special needs trust is going to cost you money to set it up. They are complicated and can take time getting it approved by the State and SSA. You may...
We encounter such requests for certified copies from time to time. What they arew asking for is a copy that has been been filed with and certified by the County Clerk and Recorder. They are trying to cover themselves in case the POA had been revoked. Once it has been filed a POA can only be revoked by filing a written revocation with the same County Clerk and Recorder. An affidavit of non-revocation usually is sufficient to get them to back off. You might have been able to avoid this problem...
If your gut reaction is that you need an elder law attorney, you need an elder law attorney. You haven't given much information about your mother's mental state other than to say that she has a history of emotional instability. Although you have no written agreement, if she is determined to be a vulerable adult by Adult Protective Services and they consider you to be a caregiver, you could be facing problems for withdrawing or withholding care. You should err on the side of caution and sit down...
Medicaid planning is a very complex area of the law. If this is your first time dealing with it, you probably won't be able to figure it out. Most attorneys shy away from it. You need the help of an experienced elder law attorney to chart the right course. Attorney Golden is knowledgeable and has a good repiutation as an elder law attorney. Do yourself and your family a favor and take her up on her offer.