What do I need to do to assist my mother who has early stages dementia and I am her POA?
I currently assist my mother with her finances, bills, groceries, appointments, laundry, etc. I am in the process of trying to become her caregiver, so I want to know what is needed for that to happen. We already have her POA, Medical Directive, Will and Living Will. Is there anything additional that I need to get taken care of. Her house goes to me if she passes away but she recently refinanced the house so now there is a mortgage, and I was wondering what I need to do to prepare for that transition?
I agree with my friend Mr. Farr. And it's better to get early advice from an elder law attorney - we focus on issues like yours. You can find an elder law attorney here on AVVO or by going to the Virginia Academy of Elder Law Attorneys website at www.vaela.org - use the 'find a lawyer' link and enter your zip code. There are some great attorneys in your area who will help you.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer...
I agree with Mr. Wolf, though it is not called a Medicaid qualifying trust, as those were outlawed in 1993. What your mother needs to consider is a Medicaid asset protection trust, also known as the Living Trust Plus, offered by over a dozen attorneys throughout Virginia. Whether this is appropriate depends upon the stage of her decline. You mentioned that you are trying to become her caregiver. It's not clear what you mean by that, or what stage of care she needs, but regardless, what you need is to meet with an experienced Elder law attorney who can discuss all of the options with you for you becoming a caregiver, whether you should be paid for your care, and how to protect the home from winding up being subject to Medicaid estate recovery if your mother ever obtains Medicaid long-term care benefits. And if your mother has other assets besides the home, of course those need to be protected as well in order to get her on Medicaid, if that becomes the goal. Please note that you, as a child, can be paid by Medicaid to be your mother's caregiver if and when she is deemed to be in need of the nursing home level of care. Please understand that Medicaid is the most complex area of law in the country, and is not something you can navigate yourself.
Evan Farr is Certified as an Elder Law...
You may wish to speak to local Trusts and Estates counsel about the need to set up a Medicaid qualifying Trust in case she will need long term care.
This advice is given absent any attorney-client relationship and without any particulars having been reviewed. Only counsel who has intimate knowledge of the facts particular to your case can give you legal direction that you can rely upon.