Legal Question in Elder Law in Washington
poa
my mother has osteoporis and alzimiers. Two of us have dual power of attorney. We do not have to agree together. Question, if my mother has to have full care at home or a care facility, can my sister sign her house and property to anyone to avoid house going into probate to pay for her medical care. I am very against it. She justs wants to home. Thanks
2 Answers from Attorneys
Re: poa
You and your sister need to get actual legal advice from a local attorney who is well versed in guardianship and probate law.
This is not a probate matter. Probate is when the principal is dead, not when she's incapacitated.
Spend downs can trigger penalties, and need to be carefully addressed by counsel who can explain this issue. Otherwise, you are creating a tax liability for yourselves that I'm sure you are not intending, but would occur anyway.
Probate in WA is completely different from other states and is no big deal. But this isn't probate, she isn't dead.
Rather your and your sister are her attorneys in fact. This is very different from being attorneys at law. It does not enable you to practice law, although it does enable you to make decisions on behalf of your mother.
You really need a lawyer.
Hope this helps. Elizabeth Powell
Re: poa
I agree with Ms. Powell's response but want to add a couple of things.
First, let me know what city you are in, so I can recommend an attorney who specializes in this area.
Second, if you and your sister have very different opinions, you may have to get your own attorneys. Naturally, this can be expensive.
Third, if you transfer your mother's home and property to a 3rd person, the "look-back" period is now five years. That means it won't "count" for Medicaid for five years.
Fourth, if your mother wants to stay at home, you should try to respect that decision to the best of your ability. There are lots of places you can call that offer assistance.
Let me know what city your mother is in.
Merry A. Kogut
Attorney at Law
Related Questions & Answers
-
Legal Disclosures If my brother is Power of Attorney for my Mother. What disclosures... Asked 5/23/07, 11:13 am in United States Washington Elder Law
-
Illegal power of attorney ? Are there public records to look up to see if someone... Asked 5/04/07, 9:06 pm in United States Washington Elder Law
-
Owe back money for assisted living My mom with dementia has been private pay for... Asked 4/15/07, 10:04 pm in United States Washington Elder Law