My 86 year old father had a stroke 3 weeks ago. As a result, he will need 24 hour care in an assistance living facility. He lives in DE and I am out of state. I have durable power of attorney. He has no savings or assets. His house is worth about the value of the mortgage. He receives social security and a state of PA pension of around $1100 each, total monthly income around $2200. He is a vet. He has about $45,000 in credit card debt with at least 12 to 15 cards. I am in process of applying for Medicaid for his assistance living. I spoke with 2 attorneys on the phone. Attorney A told me to not pay any of the credit card debt, notify the creditors without giving any specifics, and to file for bankruptcy. Attorney B told me to not pay the credit cards, but she also told me to not pay the mortgage, and to request a deed in lieu of foreclosure. She told me to not notify any of the creditors, and to not incur the expense of filing for bankruptcy.Both mentioned a need to establish a Miller Trust. Whose advice should I follow?
Hi, You say your dad is a veteran. If he was honorably discharged, I choose plan C. Work with the social worker at the hospital or his current facility to contact veteran's affairs first before taking any other action. Be sure you contact an elder law attorney who has experience with veteran/s affairs in addition to medicaid. Be encouraged.
Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.
I recommend going in and sitting down with an attorney to assess the case. Two short phone conversations have yielded two different courses of action that are possible. The attorney answering before me posited a third option. The problem with all three is that they are operating on very limited information. A real consultation with an attorney might yield a more definitive choice between the three options or a combination of all three. If you expect to get competent advice based upon the limited facts you have presented, you will likely be very disappointed.
Q: What is the conclusion of Attorney B's advice?
A: Path of least resistance.
Q: Can I incur any personal or financial liability from any action or inaction?
A: Only if the action involves stealing dad's money. Standing back and letting the chips fall where they may is not a basis for personal liability on your part...
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.
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