Legal Question in Elder Law in California

I have a durable POA for my husband. His diagnosis of Alzheimers looms over us.

Can I use the POA to complete a interspousal grant deed before he enters a care facility? He would not be able to follow the thinking process that would make this important for long term care. I do not think he would sign anything...not because he thinks I would cheat him, but because of the illness. Is the alternative to wait until he enters a facility? Would that make a difference in my ability to use the POA to make this change? We will probably have to apply for assistance and this is a way to protect our home and estate.

Thank you


Asked on 3/31/15, 2:04 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

You cannot make gifts, especially gifts to yourself, using your husband's POA unless such gifts are specifically authorized by the POA. You should review the matter with an attorney who practices elder law in or near your community. It may be possible to use the POA to transfer the property to an irrevocable trust created by you using the POA into which the entire property is transferred to shelter it from the cost of your husband's medical care. There's no particular timeframe on doing this - the property does not have to be transferred for your husband to qualify for Medi-Cal benefits - it need only be transferred before your husband's death in order to protect it from Medi-Cal estate recovery claims for benefits paid on your husband's behalf.

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Answered on 3/31/15, 3:38 pm


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