Hi All
My dad is in assisted living. I’m his POA and manage all his bills etc. he cannot manage his affairs and is too disabled to get to his mailbox to get his mail. I have everything sent to me since I go see him maybe once a week.
Do I need to change his address with Medicaid and Medicare to reflect the address of the assisted living? All his documents have my address. It’s more convenient but I don’t want trouble. Could this be an issue and must I change the address? Thank you!
Nancy
We both have POA but never needed it -the safe deposit box is a totally different story. My dad can’t get into it without a court order because mom passed away and it was joint. He will never get into it. Paperwork is impossible to complete for the bank to inventory the contents prior to the court ordering it emptied. It has taken months thus far. (New York) do yourself a favor and empty it if both names are on it. Once one person passes, it’s VERY hard for the remaining person to open it.
NY like CA should be cut out of the country...OHIO should have been given to the bad guy in the Patriot too.
I know that States have their government rules/laws, BUT just because the safety deposit box has more than 1 signer does not make it joint; it just means anyone who has signed on the record can get to the box at anytime the bank is open. NOW, 99.9% of "owners" as customers are referred, are allowed to get certain items out of the box when another dies. These items would be birth certificate and burial real estate papers. The BANK IS REQUIRED TO INVENTORY AS SOON AS THEY ARE NOTIFIED AN OWNER HAS DIED. It takes 2 bank officers and 1 of the signers to "list" all items in the box. These items will stay inside the box, bank turns the inventory to the State. Tax records are reviewed so if there are back taxes owed and there is anything of value to recover, then the State "claims" those items and everything else is released to the other signers. It should only take 2-6 weeks from start to finish. Yes, the box will be coded as a signer is deceased (black insert in the signer lock) so no one can get to the box until the State releases. Your Dad should be able to get to that box unless the State is holding for monies owed. The bank will redo the box contract and it's like nothing happened.
FYI PEOPLE.....IF you have a safety deposit box, DO NOT LET THE BANK KNOW THAT ONE OF THE SIGNERS HAS DIED. GET TO THE BOX. REMOVE "EVERYTHING". CLOSE THE BOX. COME BACK A DAY OR 2 LATER AND OPEN A NEW CONTRACT FOR A SAFETY DEPOSIT BOX.
***this is the way to beat the system***
I had to deal with this when I was in retail banking. GET THERE BEFORE THE BANK/STATE KNOWS.
IF the owner(s) are deceased, all you should need is a copy of the death certificate for the bank to verify with the State. I only had to deal with this twice.
1. Husband committed suicide in front of wife by drinking pool acid. We inventoried the box....OMG, this guy had 1 of the largest boxes we had....FULL OF GOLD INGOTS, GEMS, COINS
2. A brother came in to clear his brother's box and accounts. His brother was murdered at a restaurant he worked. After hours a fired employee came back to get his last pay check, killed this guy's brother and night manager.
Those contents belong to your Dad. Something doesn't smell right. Go to Cuomo for an answer and get Dad's stuff back.
REMEMBER....GET STUFF OUT, THEN LET BANK KNOW A SIGNER DIED. IT'S A SAD THING TO DO, BUT THINK ABOUT HOW YOU'RE SCREWING THE STATE OUT OF INHERITANCE LAWS, POSSIBLY BACK TAXES.
However when I did so another bank officer was someone I had gone to high school with so she vouched for me - but even then I had to show my driver's license for official ID
When we cleaned out the house we found bank statements under the shelf lining in the linen closet & money inside a decorative towel - we sold a bureau & the auctioneer found 6 $50 bills in an envelope even though we thought we had searched it - check everywhere!
For 14 years I was the principal caregiver, DPOA, and advocate for my father in his home. He has been in a memory care unit (Lewy body dementia) for a year now.
I changed his address to mine, sometimes creating more work for me. No mail goes to his facility, except greeting cards for his birthday and holidays. He takes no interest in them; I’m the one that opens and displays them.
Since I am the trustee of his irrevocable trust, I had to establish a separate trustee checking account for items in the trust that I sold for funding his care.
Since the federal government does not recognize POA, I had to establish a representative payee checking account for his SS direct deposit; they would not continue to deposit his check into his checking account. (They said they did not want him to have access to those funds - like he is physically/mentally capable, much less be able to write a check!) I spent about an hour at the SSA office answering questions - swearing everything I told was the truth under penalty of perjury from the law, and signing paperwork for them to do a background check on me. Plus, I get to fill out paperwork at the end of each year to prove accountability- that this money went for his care. 🤪
He was just recently approved by the VA for pension, aid and attendance. The elder care attorney helped with the paperwork, and I did not need to have a fiduciary account-the VA agreed to deposit it into his established checking account. So, at this time, I am only writing checks from two different accounts to pay for his monthly rent at the facility.
Next comes the preplanned funeral.
WHEW! What a mountain of paperwork and red tape a person must go through to do right by the elderly parent (my mother died unexpectedly 15 yrs ago). Until his money starts to get low, I will not file for Medicaid. I don’t care if I get anything as an inheritance - my parents worked hard all their work life, while raising three kids, to save for their ‘golden years’. I love the place where he is - they take such great care of him! Unfortunately, at this time, they do not accept Medicaid at his MC facility - I would have to relocate him. 😢
I'm not an expert, just someone who has gone thru the painstaking system.
GOOGLE Estate laws for your STATE!
GOOGLE NOTARY LAWS. These are revised by the Secretary of State, so you may need extra paperwork and the Notary may not know what is needed. I was lucky that the Notary who wrote up a document did not do the entire job per the Law change.
I googled, talked with family attorney friends and researched and researched for 5 yrs to be prepared to contest, family issues.
Those issues so far are gone because those involved decided they did not want to deal with Mom now. I was ready to do what was needed to protect Mom.
ANY investment accounts, get flagged just in case Mom or Dad has checks to withdraw money. NO ONE CAN BE TRUSTED....BELIEVE ME ON THIS.
NOTHING IS SIMPLE HERE, NOTHING, NO MATTER WHAT STATE IS INVOLVED.
IS YOUR STATE COMMUNITY OR COMMON LAW? There are ONLY 9 States that are Community Property, but operate in different ways.
ALASKA is Community property BUT couples can OPT OUT which then makes their marriage COMMON property.
Michigan is Common property. IF all of the property is in the name of 1 spouse, ALL PROPERTY BELONGS TO THAT 1 SPOUSE. Lot of paperwork needs to be done if something happens. The Court will determine how everything will be handled. No Will, ANYONE CAN MAKE CLAIM TO ESTATE.
Rremember....STILL WATERS RUN DEEP
Research extensively and ask questions. Each State has a group of new attorneys who help, some services are free or small fee.
Expect the ELEMENT OF SURPRISE once you dig deeper into your State laws regarding something as simple as taking care of your parent(s).
Many people "think" they're entitled to an inheritance even though they're not in the Will. You may be son/daughter, niece/nephew, brother/sister/cousin. Just because YOU think you are entitled DOES NOT MEAN YOU ARE. SURPRISE!!
YOU COULD BE REPORTED TO ADULT PROTECTIVE SERVICES....ABUSE OF AN ELDERLY PERSON FOR FINANCIAL GAIN.....POA PEOPLE DOES NOT EXEMPT YOU FROM THIS. GUARDIAN/CONSERVATOR DOES NOT PROTECT YOU.
My step-sister did this to me through the bank. Laughed my big butt off (smaller now) BECAUSE I'M A FORMER BANKER AND I KNOW WHAT ONE HAS TO DO SO I'M NOT GUILTY OF ANYTHING!!
Now the step-sister is finding out she's in deep doo-doo. I'm going to use the possibility of fraud charges against her to get her to stop what she "thinks" they are entitled and she's finding out she's messing with the wrong person AND HER ATTORNEY FINALLY KNOWS THAT TOO!
PROTECT YOURSELF FOR THE UNEXPECTED PEOPLE. AGAIN, NO ONE IS GOING TO TELL YOU WHAT IS REQUIRED OR TOTALLY HOLD YOUR HAND TO PROTECT YOU.
Here's another SURPRISE...EVEN IF AN ATTORNEY STATES THEY ARE FAMILY LAW....RESEARCH HOW EXTENSIVE THEIR BACKGROUND IS REGARDING FAMILY LAW. GET IN TOUCH WITH THE ABA!! My step-sister's "FAMILY LAW" attorney advised her about what she could do. NOT!! Told step-sister and sent me a letter that I did not have legal right to change locks on house or keep them from accessing the house! The house is Mom's sole/separate property...YES I CAN! She must have been asleep that day in class. I legally retitled the vehicles into Mom's Estate and my name. They want the truck, give me what I want or buy it from me.
Just because the attorney states they're Family Law doesn't make it so.
Get the picture now?
check to go automatically to AL in the event she moved from AL facility. All her mail comes to my address.
All you need provide Medicare/Medicaid with your POA (original). They will take a copy to place in their files. You will need to provide his new address BUT your address will be the address for notification.
Mom's comes to me as:
Mom's name
C/O my name
My address
Be sure you also provide all of this to Social Security for his SSA benefits. You will need to provide the account number to auto deposit. You WILL NEED TO PROVE you're POA again. The account MUST BE A POA OR GUARDIANSHIP. You will be asked HOW OFTEN YOU WILL BE VISITING YOUR FATHER. Each year you will be required to fill out a report and proof regarding expenditures of his money.
The assisted Living will need copies of his Medicare/Medicaid card, hopefully he has the new one that no longer has his SSN on it. Make sure you keep his card because you will need it for many many things i.e. any medical history, hospitalizations, claims.
Do not allow any mail to be sent to the assisted living. The one Mom now resides holds any mail sent by mistake, SEALED and gives to me when I go to visit etc every month.
BANK OFFERS especially. BE SURE TO USE A SECURITY BLACK OUT INK STAMP OR ROLLER. CAN GET AT OFFICE DEPOT/MAX!
ANYTHING THAT CONTAINS MOM'S PERSONAL INFO.....EVEN A LITTLE THING LIKE HER NAME.
DUMPSTER DIVERS WANT FIND ANY INFO THEY CAN. MAKE FAKE ID, GET LOANS, CREDIT CARDS.....JUST OFF A NAME.
1. Provide Mom's SS card
2. Provide my legal papers, my ID
3. New bank account for deposits
4. Answer a few questions
5. Sign
6. Done
Mom was not present for any of this. I was at Social Security office for 5 minutes. I waited longer to talk with the employee than getting everything arranged.
Medicare told me it needs to be a viable address, one they can contact him at. I can call him if need be so they said it's good. They are concerned that the person has passed and they haven't been notified, that's the reason for them having an address.
I don't know about Medicaid but you can give them your address as mailing address and the AL as physical address.
This is very common in lots of situations.
Since I had all of Dad's on-line accounts available, plus knowing the answers to his security questions, it was fairly easy to switch all his accounts to my home address.
Dad use to fuss whenever he got the monthly bill from the senior facility where he lived, so I had to keep after the facility to please please please mail it directly to me, and NO copies given to Dad. Otherwise Dad would start talking about moving out. Earth to facility, common sense here, folks :P
As for Medicaid, since each State manages their own Medicaid, it would be best to give them a call. As for Medicare, I believe I went on-line and at that time was able to give a "billing address" and a "residential address".