Hello, my question is basically this. Last year I took over my siblings financial responsibilities by becoming her DPOA. She is a disabled with schizophrenia and during that time when I took over she was spending her money like crazy (manic) and so to make sure she didn't spend all her money meant to take care of her I transferred it to a new account I opened up in my name and listed her as the beneficiary if something were to happen to me. My question is if we apply for Medicaid will that money I transferred hurt her chances of getting Medicaid?
- POA paperwork not the best way to “take over” as she can -if she’s motivated - get her SS or any banking done to be changed back. Your sister can change her POA to someone else or override whatever action you did using the POA paperwork, if she wants to. You cannot force her to abide by your management of her life via a POA.
What probably would have been best would have been a court appointed guardianship or conservatorship over her. Why wasn’t guardianship done??? If she has a documented history of serious episodes of doing things that make her a vulnerable adult, a judge will award you guardianship either for finances or person or for both. Guardianship lets one legally “take over”, POAs do not do this. If the POA done was not drawn up by an attorney with witnesses and notarized, it could be viewed as invalid or coerced by you. If you did anything on-line posing as your sister, that can be viewed as identity theft.
- you are co-mingling funds, which for SSA is a huge not to happen. It’s her $ not yours. Right now it appears you have taken her $ as you control it to beyond your death (as she’s gonna no to have to do something to get access after you die, there’s a hurdle for her to do this). I’m gonna guess that you are not her “representative payee” for SS, right? If so, at some point SSA will become aware of this and they have to do a follow up which snowballs into APS investigation on your actions.
Right now trying to reset this and become her SSA representative payee will mean that she will have to be willing to go with you to SSA to get rep payee paperwork done. If she cannot or will not dependably do this, I’d fold it and hire a guardianship atty to clean up this hot mess and get proper legal done. Which would probably be guardianship with a flowing SNT for her so should you get hit by a bus it’s set up so her funds easily still flow to her.
- & then there’s Medicaid. You took and continue to take and control her $. It’s a “gifting” issue for Medicaid plus done via paperwork (POA) that doesn’t allow you to take over.
Get an attorney who does guardianship for those needing SNT.