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Joanne is correct - he will loose all social security disability assistance once he inherits. So before you probate the will see an attorney who specializes in trusts- specifically a "Irrevocable Special Needs Trust". You may run into a problem in that since there was no trust to begin with - your mother left her property to him and not to his trust- if he had one. This could get sticky but the attorney should be able to give you advice and hopefully a legitimate way around this. There may be a legal loophole regarding the house as long as he lives in it but if you sell and the proceeds go to him - you're going to likely have a big problem- but again, a trust attorney will know and advise.
And no, you do not need to be his guardian but if he is over 18 and unable to make decisions for himself- someone must be. He can be his own guardian if he can make basic choices in his own best interest- with you to guide him. However - I don't understand how you got POA for him. That is something that the person themselves must grant - and if he's not capable of understanding than he can't legally grant anyone POA. Which brings you back to him requiring a guardian. The state can appoint a legal guardian if you don't want to do it. Personally, as this grants the authority to choose where he lives and other major life decisions- I wouldn't want anyone else making those choices besides family.
So bottom line - to avoid loosing SSI or SSDI he needs a trust. You can establish the trust and control it by being the trustee - you don't need guardianship or POA to do that. If he can't make choices for himself that are in his best interest he must have a guardian. I'm surprised he doesn't already.
Yes, you need guardianship if he is not able to make to make his own dicisions. If she didn't set up a special needs trust you can do it and be trustee. Once this is done, you can apply for SSD. He will then will get Medicare and Medicaid. I would assume that he has been on SSD and Mom set up the trust. If he was left money SSD should have been made aware.
I agree. Get legal advice from an attorney who really understands the laws that apply to Medicaid, Disability, Trusts, etc. Ask if brother renounces his share under the Will, it will work out okay. Also, inquire about Trust. In some states, that doesn't cut it.
Thanks! I am going to see a lawyer today. I will let you all know what was told to me and the action done. I really appreciate your interest in my problem(s) and the help.
Look up "the responsibilities of a guardian" for your State. Usually it only gives another rulership/making decisions (and carrying them out) over his health issues yet it some states it may include property and/or finanaces. If it is the later and you just nees help with his day to day living essentials i.e. bathing, eating, making it to doctor appts, etc. Then you can (through the right medical insurance) hire home health aides or personal care workers to come in and assist with these type issues.
First, thanks to every answer to my question. Mom left a Will that left her home and property to him. He cannot make decisions at all. Physically, he does well; however cognitively he doesn't understand any of this or other stuff. I already have DPOA medical and financial. He has been on SSD since he was 20. I haven't probated the will yet. When I do, won't he lose his insurance and SSD? The house is paid for. And, I am staying with him to take care of him. Will my income count on his SSD? I am in such confusion. The closest Atty is 2hrs away from us. I also am permanently disabled. I lived with Mom(passed in July 2016) and him since 2009 when Daddy died. I need experienced advice. Thanks so much
Couldit- my last piece of advice is for when the Irrevocable Trust gets set up. Be sure of what choices and decisions got into it as it will be permanent- the whole point of an Irrevocable Trust.
I made my sons trust about twenty years ago. I was reading it s few days ago and came across something I wish I hadn't done. So now I'm seeing my attorney to ask about changes. I almost positive it won't be possible or at a minimum it's going to take asking the court and lots of attorney involvement and their fees. Oh well, if I can't change it - I'll live.
It seems that every time I turn around these days I find myself thinking "If I only knew then, what I know now"! Good luck to you.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
And no, you do not need to be his guardian but if he is over 18 and unable to make decisions for himself- someone must be. He can be his own guardian if he can make basic choices in his own best interest- with you to guide him. However - I don't understand how you got POA for him. That is something that the person themselves must grant - and if he's not capable of understanding than he can't legally grant anyone POA. Which brings you back to him requiring a guardian. The state can appoint a legal guardian if you don't want to do it. Personally, as this grants the authority to choose where he lives and other major life decisions- I wouldn't want anyone else making those choices besides family.
So bottom line - to avoid loosing SSI or SSDI he needs a trust. You can establish the trust and control it by being the trustee - you don't need guardianship or POA to do that. If he can't make choices for himself that are in his best interest he must have a guardian. I'm surprised he doesn't already.
I made my sons trust about twenty years ago. I was reading it s few days ago and came across something I wish I hadn't done. So now I'm seeing my attorney to ask about changes. I almost positive it won't be possible or at a minimum it's going to take asking the court and lots of attorney involvement and their fees. Oh well, if I can't change it - I'll live.
It seems that every time I turn around these days I find myself thinking "If I only knew then, what I know now"! Good luck to you.