So, short story:
91 year old Dad, Parkinson's, dementia (at least partially Alzheimers), depression, currently in assisted living, $10K left in his bank account, nearly-depleted $115K home equity loan, only income from Social Security
88 year old stepmom, cancer, aneurysm, living at home (which is in a trust in Dad's name, for which I am likely to become the trustee given his dementia)
First off, we do have an elder care attorney to handle the legal aspects.
I'm looking for a reality check and some ideas. The doctors think Dad will need memory care in 2-3mo, which will likely cost $5000+/month more than what's available (including his longterm care insurance). Our ideal scenario is her and Dad in the same community--her in independent living, him in memory care. She says she's not ready for 'senior living' and claims she won't be able to move out of the house by mid-October.
Is it realistic she needs nearly four months to relocate (less than 30min away)?
Is there something we can do to facilitate the move to make her more comfortable?
Should we start asking for rent? Her monthly income includes SS (hers and her husbands), pension (hers and her husbands), and revenue from a small apartment building left to her by her husband
I know we can't force her to move to a certain location, and, even though we think it would be better for Dad for them to be in the same community, maybe we can live with her moving to an apartment so we can monetize the house.
Thoughts?
The second professional to be consulted is a Senior Move Manager (my profession). Senior Move Managers assist with both the physical and emotional aspects of downsizing, coordinate all the myriad details involved with the transition, from address changes, utility notifications, downsizing, packing, organizing, liaison with the moving van lines and new destination management, space planning for the new location, estate liquidations, and right through to a complete unpack and setting everything in its place. Yes, adult children can do all these things to. But the emotional dynamic and time constraints between family members can be very sensitive and slow things down. When a professional move manager becomes your step-mom's partner, she will feel more in control of the decision making process and will have less reason to feel she is being forced to do something she doesn't want to do. Check the website of the National Association of Senior Move Managers (NASMM) at Nasmm.org to find a Senior Move Manager in your area. Best of luck!
1. Stepmom now understands staying in the house through the winter is not workable. Still says she is not ready for assisted living, but seems ready to get an apartment when dad is 'placed'.
2. The rental property she owns is in California
3. Great advice on Senior Move Managers!
4. They have an antenuptial financial agreement; only thing shared was a checking account for home expenses. Dad has no other assets.
5. I do have signed legal POA and health care proxy docs for Massachusetts.
6. Stepmom has not offered up an option to the financial issues.
The Senior Move company, of which there may be several should be interviewed to find the person you think can relate to your SM. They are experts at downsizing. Do a web search to see who is in your area. But I agree that she needs to be out of the house to sell it, if at all possible.
To get her to move, it might be helpful to take her to look at apartments, visit with people who live there, have lunch with them, maybe attend at outing. They sometimes let people stay in a furnished apartment to get a feel for living there. Tell her it's a vacation so she can see her husband. The marketing people there can help you with al this. If she does this, you can have a realtor come and do a market analysis of the house. Just some suggestions.
SM should live in home as long as she can afford to do so including the home equity payment, taxes, insurance, routine upkeep. You will not be perceived as heartless. A little patience.
Medicaid will allow the spouse to "keep" a certain amount of assets- Spousal Impoverence Act 197? They could also"force" you to sell the property since it's just his. You said you have POA. Do you have Durable, Medical or both? What triggers them LEGALLY? Do you need an MD or 2MD's to document that the triggers (cognitive impairment) is present and renders him incapable. If you have the Durable POA and there is nothing in written form stating she has the right to remain from your dad pay her a visit and give her an eviction notice. Tell her you're terribly sorry but this is life and this is your Father. No hard feelings. THEN LEAVE. Less is more. From observed experience over 30+ years...you pick...a confused old man or the beach. Send a copy to 1of her kids identified a spokesperson and put 1 copy in your binder after write down your conversation,date and time. You probably should use the sheriff or constable serve the notice but it's kind of cold. Have the sheriff serve her an eviction notice after you have if you think there's going to be a problem. Do you have a friend or family member who could live in the property during the notice period. Please understand, I realize this all sounds cold but think about it...if she was willing or able to do what your family has asked, she's impeding your ability to take care of your dad. Stay peaceful but firm. Write down a plan for your dad with your family. Then follow it. An y'all remember..fall together, not apart.
Was she cheated out of this asset by the "antenuptial agreement"?
It doesn't matter if she has more assets, does it? How is it that she will lose her home of 18 years?
If a husband and wife live in a home as married for 18 years, it does not matter if one had to move out to get care, the remaining spouse should get to live there, no matter what the legal paperwork says, imo.
Who hired this attorney to draw up an antenuptial agreement for the benefit of just your father? Or, at least it looks that way.
Fraud alert? Or am I jumping to conclusions or over-reacting? Are they divorced?
But I will let you know this: I know a couple with over 45 years of marriage whose family separated them to care in their home for Dad. Mom went to a senior apartment and died alone of an asthma attack. Without care.
When you state assets and income (hers and her husband's), whose husband is your Dad? Or not? How long have they been married, or not? No need to explain to me.