Val, I totally agree with you. I do not trust the calculator either. Main reason, it said my husband would be ready for NH in 24 months and he had all medical qualifications 2 years ago.
Thanks gals, don't know what is wrong with me. I hadn't even given the pacemaker a thought about it prolonging his life...what a decision to make! I talked with the Azheimers people and I think I will go see our family doctor and then privately go talk to his heart doctor. He doesn't want the pacemaker and is afraid of having this done, but he doesn't understand what it does.
I agree Judith, get advise from the cardio dr befor making a decision on pacemakers. profound and horrible decisions one has to make with anothers life in your hands. i doubt ANy of us or spouses would want to prolong life under these circumstances. i think alot of factors too would depend on what type of care they are receiving too would reflect on life expectancy. i am 100% sure if i put my DH in NH he wouldnt last very long as his infections come on so fast and with so little signs he would be in sepsis before they noticed i believe. at least this is my opinion -i have a gut feeling my DH may not last a couple of more yrs but its just my perception of things now. once deterioration starts it moves quickly it seems no matter what. divvi
To Rae Ann, It sounds like you in the same age group as I am. My AH is 52 but was diagnosed 9 years ago. You know our situation was different in that he has had multiple family members that has been diagnosed or at least suspected of it. I know that our diagnosis would not have been made that early if I wasn't looking for the signs. I too have to work for us to survive. I am sadly having to file for divorce, ONLY because the Elder Law Attorney advised us to, so that he will qualify for Medi-cal. Which the only thing that will pay for home care and a NH. I did the calculator and my AH will likely be in a NH in the next 1-3 years. Yikes!
If we knew the exact time our spouses would be going to the nursing home (for those not already there) and the exact date of death, would that make this easier to withstand and plan for? No. It would be harder, trying to line things up, allow visits from relatives, pre-plan funeral arrangements, and being more frustrated knowing that no matter what we do or are willing to try to do, they will die at "X".
We need to have a rough estimate of the NH costs, planning the expenses and the alternatives such as checking out the private homes, caregivers who will come to your home, visit nursing homes, etc. I realize while writing this paragraph that I am in denial because though I know I have to get those quotes and my DH has to have someone with him in the afternoons now (my daughter is visiting for another month - then I'll have to hire someone) I AM PROCRASTINATING! I don't want to deal with it or my situation. I wish he could still stay by himself and stay at this stage until someday he dies in his sleep. I am realistic enough to know that won't happen.
Denille are you sure divorce is the only answer? That was the first thing out of my husbands family. I about blew a gasket when I heard that coming out of their mouths. I've recently learned the medi-cal thing (I assume you are in CA someplace, as that what they call it here). I had fears of my own, because of our assets and let me tell you they aren't much, we still have too much to get any real help from medi-cal. We do qualify right now but there is this thing called "share of cost", we'd be paying 99% and the state 1%. I'm going to see someone this Friday, who can help somehow do something with the assets so that they are not counted. Not hiding assets, just making them unavailable. Don't know how true any of this will be, but it's worth a try. I've learned they can't take the house, but the state could place a lein on it, as for the life insurance, they can't touch that, because it's Term Life and not Whole Life. The IRA is questionable, I'm almost certain they can take that as well as his retirement and SSDI, but on a good not the state cannot leave me pennyless. I believe in CA my stipend is somewhere around $2300.00. As for family members helping.....his father is 80 and won't accept that his son has a problem, his sister works full time and I am an only child and my family doesn't live anywhere near me. So it's me, all alone dealing with this.
As for wanting to know when a NH is needed and when ones loved one would pass over, I'd want to know regardless of what other can of worms would open up. I'm a planner, always have been. If I knew this, I'd know weather or not I'd be able to keep him in the home until his time was up. I have no intention at this point to place him anywhere. I want him home until I can no longer provide him the care he needs. Knowing would enable me to perhaps prepare to hire care in the home, but being realistic I know having in home care for 2-15 years it out of the question, I wouldn't be able to afford it.
I'm a planner, always have been. If I knew this, I'd know weather or not I'd be able to keep him in the home until his time was up. I have no intention at this point to place him anywhere. I want him home until I can no longer provide him the care he needs. Knowing would enable me to perhaps prepare to hire care in the home, but being realistic I know having in home care for 2-15 years it out of the question, I wouldn't be able to afford it. (to quote Rae An)
You have describe me exactly. And as to divorce I can't imagine anyone Elder law or not advising Divorce to save assets, there are to many allowable legal ways that can be done under medi-cal. So sorry that Denille was given that bad advice.
After reading the above comments about the calculator telling you when LO will go into a nursing home and when s/he will die, I have decided NOT to do the calculations. I know what is ahead, so am making what plans I can. Other than that, we live day-to-day and try to have as much fun as possible. If the calculator told me she would enter a NH in 2 years and then be dead in 4, and she lived for another 6-8 years, all my planning would be thrown off. The calculator is only going by averages, and as had been said before "when you've seen one Alzheimer patient, you've seen one Alzheimer patient."
Rae Ann: I am from California too. I believe you are allowed $2,600 per month as well as $104,000 in assets plus your home and then you would qualify for medical. There are several Elder Law attorney sites that you can go to on the net that explains what the requirements are for various states.
Well I have heard all about the house, one car, and so much in the bank (which we have little of) and that is all we have. But what I understand is my income is what will keep him from qualifying. Mind you we are just barely middle income but I still make too much for him to qualify. Has anyone heard different?????? I am in California. The Elder Law attorney that knows everything about Medi-cal said thats the only way (divorce and put everything in my name). Or is it that she just wants another buck from another smuck like me? Any comments?
The calculator is not God. My MIL had what they called senility for about 5 years, before her husband, my DH father died in 1982. She was 82 yrs old then and had been born in 1900, when the life expectance was probably about 50. She lived for 6 yrs in the nursing home and died at 89, of pneumonia (The friend of Old People). She was other wise healthy. My DH, now 85, has been dealing with AD for at least 5 yrs, and was dx 3yrs ago by a neurologist. He is not at the point now where he needs a nursing home, and I pray I won't have to deal with that, but I might, and who's to say he won't live as long as his mother did in a nursing home. Just plan for the day, and keep your options open. Healthy people in this day and age live longer than the actuarial averages. Remember, some people die before the average, and some live longer.
Denille: The site you might want to take a look at regarding your working income is "Elder Law Answers" when you go there ... go to the State info place...there is a place to click onto California. I just read it and it says your income is not included as part of the requirement to obtain medical or medicaid... Just google Elder Law Answers and you will find it...sorry, but I don't know how to do a link.
The Elder Law attorney that knows everything about Medi-cal said thats the only way (divorce and put everything in my name). Or is it that she just wants another buck from another smuck like me? Any comments? (To Quote Denille)
Denille, without out getting into my own explanations of this, I hate to see you go the divorce route. This is not necessary, just find a good Elder Law Attorney. Your income is not include and you can even use the money they require you to spend down on a qualified Annunity. Get better advice.
It is so hard for me to keep quite when I see a big mistake like this getting ready to happen.
I'm not in CA and I'm certainly not a lawyer. I did go to one here in FL that also told me to look into divorce. I mentioned this to another lawyer and they just about went off the charts. I was told that it could be the very worst possible thing to do. First of all, if you continue to care for your husband in any way, they could consider the whole thing fraud !! Welfare fraud, Medicaid fraud, whatever you want to call it is a big crime. I didn't see that until it was pointed out to me in big red letters.
So I did a lot more research on the net and found that not all elder law attorney's are created equal. You need to find one that specializes in finding ways to legally make you eligible for Medicaid/Medi-Cal. Many elder law attorneys are geared towards the wealthy and protecting their vast savings, stocks, bonds, holdings, etc. That type of lawyer is what I incorrectly saw first. There is a second type of elder law attorney that helps us little guys (that have just a little) to hang on to that little bit we have. I found that second type here in Florida and what a world of difference !!!! Both are totally legal and above board. They are just working from different starting points and neither seems to cross over into the territory of the other. Let's face it, the ones that work for the wealthy make more money than the ones that work with the folks without the mansions.
Please . . . don't rush into anything until you find the second type of elder lawyer. The last thing in the world that you need is to eventually face fraud charges. The one that I found didn't even charge me anything unless they were able to get my husband approved for Medicaid. That was a strong statement to me ! Here is a link to his web site. Even though he is in FL he has a lot of info that is useful in all states. I believe there might be a network of this type of lawyer. You could even contact this office and ask about a referral in your own state: http://www.virtuallawoffice.com/medicaid.html
PS: I believe that you are still entitled to income that does not effect his eligibility. There are now provisions for the community spouse to have enough to maintain their home and a life in the community while the LO is in the NH. Sometimes it is done through trusts that are set up.
I wish you all the best and please keep us updated on how you are doing with this. My email address is in my profile, please feel free to write me privately if you need to talk more about this. I have spent a lot of time researching it.
Jane, do you think I'd be liable for fraud if I divorce my husband? The elder law attorney told me that was the only way to save my rental property. Seems he would have forewarned me about fraud. One more thing to worry about. He was a certified elder law attorney.
Val, i was thinking about your situation myself after Gretchen posted.:) yipes, you know Medicare looks to protect themselves any way they can and recoup thier monies spent,but maybe Jane can answer this one. go thru all that to have something worse happen, ugh! why dont you call your atty back and ask?? say you heard it and wanted to be sure. divvi
I've seen so far 2 different lawayers, both telling me something different. I'm in Sacramento tomorrow and I've made an appointment with Bob....He is not a lawyer, but knows quite a bit about Aging and Assets. He's worked with many, many people in our same situation. I'm curious to see what he has to say. He's on ttwo different radio stations every Sunday Morning. Last Sunday, the email I had sent to him was used as an example. It was amazing what was said. I'm looking forward to seeing what he has to say. Then I will compare what he says to the two lawyers I've seen. Those of you in CA you can look him up on the net, under Assets and Aging http://www.assetsandaging.com/
Val, in answer to your question, Technically Yes, but would they actually make an example of you and do so is another question. Most likely not, but it is a possible outcome. Also, When divorcing and incompetent person you would really have to be careful. It is not something I would want to venture into, especially to continue the care. It shows intent.
Gretchen Fla. Yes, divorce is the very worse thing to do in order to obtain Medicaid. The second Attorney told you correctly.
Denille, as I said before, It is hard for me to read something like you are planning to do and not chime in. I vow I won't but here I am doing so. I am not a professional in any manner, just a person like you giving you some information, Let me stress that. First, any Attorney who would advise divorce and putting all assets in your name would have to be un-thinking. You can protect your assets with avenues that Medicaid allows and not have to go to this extreme.
Second, you must realize that once divorced you no longer have the rights that you now have. Oh yes, you may have power of attorney but there are many other things to consider. To take the Assets that belong to both of you and place in your name only is certainly allowable for married couples, but to take the assets and then divorce an incompenent disabled person presents a whole new can of worms. It would be fraud even to do that because you would not be using your power of attorney in the best interest of your husband. If you divorce him, then by law, he would be entitled to certain assets. Don't think for one minute that DSS or other agencies could not come after you for this, they could. You must remember you are dealing with assets of an incompetent person. It is not as though you are divorcing a person who can take care of themselfs. Think about this long and hard. Also you could easily die before your husband, you do not hold the timetable, only God does.
Please listen to Jane. You don't need to divorce your husband; you need to divorce your attorney. He doesn't know what he is talking about. Is he a CERTIFIED Elder Law Attorney? If not, that is what you need. Someone fully certified by your State.
Certified Elder Law attorneys know the laws of Medicaid (or whatever your State calls it), and they can help you plan for it WITHOUT divorce. Jane is correct about being divorced opening up another can of worms.
Jane, what would we do without you? The only vow you have to take is on the days you don't feel like it don't, the days that you do, are certainly appreciated.
Val, this is for you. The reason your situation is somewhat different on the divorce issue than Denille, if I remember your posts, you are thinking of divorce not necessarily to keep assets but the marriage is not good. The main reason it is different though is that your house is already in your name, his name has never been on the title, therefore you are not transferring his assets to your name. Does that make sense??
Val, I thought you were giving serious consideration to actually leaving your husband. It would only be fraud if you divorced and then stayed with him AND you were trying to get assets that belong to him in your name. You are trying to protect your OWN property, not his, and ensure that you will not be responsible for any future debts he may run up. Not to mention, he hasn't been diagnosed yet ... all you have are your suspicions, which don't amount to anything unless and until your husband sees a doctor about his problems.
You can divorce an AD patient, even after a diagnosis. There are additional steps that have to be taken to make sure the patient's rights are protected (e.g., the court assigns a Guardian ad Litem to represent him during the proceedings, in addition to the patient's own attorney.) But it would take a lot longer, and it could get ugly as far as other people's opinions of you. And as Jane says, the courts will divide the marital assets, and may also assign spousal support. I.e., if you waited until you had a nice career going again, and your husband was already ruled legally incompetent and starting to pile up medical bills, you could end up supporting him even if you divorce. (Spousal support would be tax deductible, but still!)
Well, how could my marriage be good now? The only times I remember it being good was before the cancer, radiation, chemo. But what you both are saying makes all the sense in the world. No, I don't want his assets. There are none left except this house, which he is trying to sell. Oh God, I don't want to end up supporting him. What irony that would be. Best not to have a diagnosis I guess. Not that he would cooperate to go to a dr. Spousal support! Grrrr.......
my, what a mess to think about. legal issues -medicaire, ugh! this is why i havent made plans for medicare at all. i just plan on either selling his home and use that for his care and downsize if this is the only option, or if he gets to where he needs fulltime NH care just call in hospice and hire livein and go from there like he wanted. lots of decisons to ponder, here! divvi
Yes, you can divorce an AD patient as Sunshyne says but do not transfer assets to your name, with divorce in mind. I think that is what I said, anyway that was what I was trying to say.
P.S. So many people do not stop to realize when they get so caught up on saving assets for future Long term care, when you start divorce proceedings you are in your mind thinking of staying the same as married except on paper and it absolutely will not work that way in the legal system. When you divorce a disabled person they have more rights than you do. And YES, SPOUSAL SUPPORT IS ONE OF THEM.
What a mess indeed... I hadn't given any of this a thought until I have been reading these posts. I am not sure about every state, but here in New Hampshire they have this program called service link. They have been pushing me to sign Lynn up for what is now called the "Choices For Independence " (formerly known as the Home and Community-Based Care program for the Elderly and Chronically Ill, or HCBC-ECI)
I kept saying Lynn was not ready to allow in home care... and since the improvement with his behavior, my stress levels are way down! But they still thought I should sign him up for this, and medicaid, as I am told it takes a long time to get the process done. So i went in wed and filled out all the paperwork. They were very nice!! Lynn does qualify as all he has is his SS check. No other assets at all. All we have is the house, and that has always been in my name.
On completion of the form as we are wrapping things up, she hands me this paper on putting a lien on the house! She said New Hampshire isn't doing this now, but they could. And that they could too, also try to recoup their expences. OY! So, I just placed a call to them to ask more questions.
I don't even want the care now... I might later... I just feel I am being pushed into something here. I want to know more about the legal things first. Lynn has the VA, there is an excellent nursing home close by that has a state of the art dementia wing. If he HAS to be placed, i want him to go there. The cost is based only on his SS and the house is not at risk. So much to think about when you already have a boggled mind! Can you sign up, and not use it?
Well Jane, after letting that soak in, I called my mortgage company for my rental property. I have $28,000 left to pay on it and the mortgage payment is $269 per month. I asked if I switched to a 30 year mortgage vs. the 15 year I have now, what the payments be. Turns out they would be only $200 per month! The interest rate, if it stays sort of the same, will be less as a non-rental. Property taxes run about $100 per month, then there's insurance that is about $50 per month. The closing costs, etc. are only $400. Not counting utilities, I could move into my 3 bedroom house for $350 a month! I couldn't even rent a room somewhere for that. Thank God I was diligent in paying extra principal on the house every month, sometimes up to $1,600. The house is in a really good location, and if I stay in it for 2 years, I won't have to deal with capital gains taxes. So, If I can keep this boat afloat until next August, I will have somewhere to go once my tenant's lease is up.
My original plans had been to pay the house down quickly & the rent would be "my money." But a girl has to do what she must.
Val, i hope you are getting good rent money? it would be strategic if you can make your mortgage pays and all the rest and SAVE the rest until next aug so you have a nice kitty stashed. on top of you new salary:) be sure to keep it separate not associated with married accts if you have enough to buy a small CD later and maybe some interest compounded til then. i firmly believe in kitty stashing:) i pay myself whatever i can monthly when i dont use the aides much so i can have some cash for emergency-it add ups. unfortunately my 2nd marriage i left with nothing after 18yrs and was wise i started a kitty way back, i was able to start a new life with what i saved and got nothing for 18yrs living in mexico and married there was no grounds for divorce so i had to come to usa to reside then proceed...wasnt easy but i met my DH as he was my counsel for my divorce -how that!????hahha. divvi
Oh, that reminds me of the days. When I divorced my doctor husband, 3 attorneys made passes at me, one even invited to the mountains! I fired all three, and finally found one who wouldn't be hitting on me. I really loved my husband & it was a real struggle to divorce him. I was grieving & these guys just wanted me. (LONG story.)
I am getting very good rent money. Good idea. We don't have any joint accounts of any kind. I'm going to look into annuities. Seems that is the only thing the government can't take. Read an article on them in the Sunday paper. A friend of mine whose father is 94, had a stroke, needed nursing care. He bought annuities early on, so the estate can't be taken away in any manner. Smart man.
I learned the hard way through divorcing my first husband about separate property. I got nothing of the house. So that's why I decided to buy when I was single. No man could take MY house away. Now to discover that the gov't can get it! I have worked long & hard hours to pay that house down.
My husband asked what was for dinner tonight. I said I was just going to make a pizza. He asked, may I have some? It was so pitiful. My heart aches for him. Should I leave, and that looks like the direction I'm going in, I will have to check on him all the time. His brother is his only living relative & lives over 2 hours away. (And is in denial & is stupid.) Who else will care?
Val, i have an annuity we setup when we married. we are in tx community state. thought is was all mine since it was deemed separate property. wrong!found out not too long ago that any interest accumulated on any savings, annuities,that is separate property- well the interest or dividends from THAT is community and a half is spouses - so lets say,if you have a 100k annuity and over 10yrs it made 20k in interest -half of the 20 or 10k is property of the spouse. check with your elder atty to see how to invest to be sure.. divvi
Val, the "May I have some?" comment really made my eyes swim. DW would do the same thing. I'd say, "OK, time to go to the store" and she'd ask, "Can I come?" And it was always in this little pathetic voice as if I never took her anywhere, or left her alone routinely. I told her, EVERY time, "Hon, you and I are attached. I don't go anywhere without you." She'd smile, and say, "OK." It never ever got through, though. She always asked.
Or my DD would talk about lunch, and say "We'll have ice cream for dessert!" and DW would plead, "Can I have some, too?" I had this mental picture of her sitting and watching us as we all ate our ice cream without her. That's what her voice sounded like, and I would realize how alone she feels, too. She doesn't even know we would never leave her out like that. We think that we feel alone because we don't really have them here with us, but they feel alone because they don't even know they have us.
I wonder what the life expectancy is between someone who is EOAD or someone who was diagnosed in their 70's. From what I have read if it is EOAD they seem go down faster. My husband was "officially" diagnosed 4 years ago but now as I look back, he actually displayed symptoms as early as 8 years ago. He also has had triple bypass, traumatic brain injury (Feb 08), has high blood pressure and kidneys don't function as they should which is not uncommon as we age. He turned 84 in May. Also, he had a grand mal seizure in Feb.
Gay, it depends on what type of EOAD they have. Familial EOAD tends to progress more quickly, whereas the early onset of "normal" or late-onset AD behaves pretty much the way late-onset AD does.
Study conducted at the Johns Hopkins Bloomberg School of Public Health found that the life expectancy for late-onset depends on when the patient was diagnosed. The statistical analysis found that the median survival times ranged from 8.3 years for people diagnosed at age 65 to 3.4 years for people diagnosed at age 90. Persons diagnosed with Alzheimer's disease at age 65 could anticipate a 67 percent reduction in life span compared to those without Alzheimer's disease, while persons diagnosed at age 90 could anticipate a 39 percent reduction in life span. The researchers say Alzheimer's disease is associated with a greater proportionate reduction of life span among patients affected at younger ages compared with older ages, presumably because patients at older ages are at higher risk of dying from other causes.
The researchers also reported that the average length of time between the onset of symptoms and the diagnosis of Alzheimer's disease was 2.8 years. However, they did not find any significant differences between men and women in survival after diagnosis of the disease.
Thanks for the tip divvi. Seems the more I learn, I find the less I know. Trisinger, I can really relate.
Who could have prepared anyone for all of this? Really hope Joan writes that book & spares the unknowing. Something like "AD, what they don't tell you."
Val..My husband and I went to the Elder Law Attorney yesterday and I learned some things I could have lived without! We have 2 annuities and they would have to be used as part of the spend down for him to get Medicaid if he should need to go into a NH. I would get to keep the house, the car and a little over $60,000.00 and monthly living expenses and a whopping $1,500.00 from his life insurance. Makes you wonder why you bothered saving all these years and if it is worth putting your LO in a nursing home. We live in South Carolina and I know each state is different but it seems like something should be done so the surviving spouse can keep most of what was earned working and saving.
I understand there are certain types of annuities that are safeguarded against Medicaid. Maybe Jane can chime in.
I had a friend who owned nursing homes. He was a multi-millionaire. There is something wrong with this system. I always debated him about the fairness of all this and was he earning money in an ethical way. The "people" lose most everything & the nursing home owners gain all. It is beyond my understanding. Something needs to change. A system that supports individuals getting rich off nursing home ownership, while people who have saved all their lives are struggling to keep afloat. Baffling.
Jean21, since you live in SC only up to 66,480 is protected for community spousal resource, meaning that if you have $134,960 then the full $66,480 would be protected for you. If you have less than the $134,960 then only half that amount is protected. if you have over $134,960 you would still only be allowed the $66,480. and your husband would be allowed $2,000.
Your Annunites are counted most likely because they are not irrevocable annunities, am I correct? In that case you can liquidate them and therefore they are counted. There are different types of annunities.
Jean21, did your attorney not tell you that you could take the annunities you have to spend down and purchase a Medicaid allowable annunity with the spend down money? You can do this, you just do not want to do this until you are actually ready to apply for Medicaid. Don't do it ahead of time. You need to question your Attorney about this if he says you cannot he is incorrect.
I can relate to that as well trisinger, Lynn does the same thing. I wonder what must be going on his mind... to make this once so proud and strong man all but plead to go with me. I have never left him alone, but I can't of course convince him of that. I wonder all the time, what hell is going on within him, but he is losing the ability to tell me. He use to cry out he feared he was going mad, and plead with me to help him end it. Now, he isn't able to even express himself that way.. though every now and again he will tell me he thinks something is really really wrong. So sad.....
Well back from my trip to Sacramento, long day it was and very disburbing. I was correct in seeing a somewhat drastic change in my husband over the past couple of months. On the mini mental test 30 is the highest score one can get. Last October when we received our offical diagnosis his score was 20. Today the score was 13. We met with the head of the AZ Clinic at the University. Normally they see a change of 2-3 points per year, in my husbands case there was a 7 point difference in 9 months. Of course there were other tests given, we will not get the full report for another 2-4 weeks after the "team" meets and discusses everything. Things are moving very very quickly in our case.
On somewhat a better note and especially for those living in CA. I went to see Bob at Assets and Aging. You DO NOT need to get a divorce to save your assets. I listened to him and he called a lawyer and I asked a few questions, again the Lawyer (Elder Lawyer) confirmed that NO you do not need to get a divorce, to save your assets and qualify for Medical etc. Listen to his radio program this Sunday, go to the website to get the channel and times.
I found out that the POA and the Medical Directive I had is really of no use to me. It states in the POW that a medical doctor must determine if the individual is unable to make decisions. If something happened right this minute, the POA would do me no use, because no doctor stated anything. The new POA/Medical Directive will become effective immediately as soon as my husband signs.
Also there is a legal way to get my husbands IRA transferred to me now, any withdraws/payments would come in my name only. The house will be put in my name on the Grant Deed, not the Deed of Trust and everything will be put in a Trust under my name only. This leaves no assets in my husbands name ....so if and when he needs a NH he will qualify. The Grant Deed will be in my name, but this will not change on the loan papers, meaning I can continue to use part of his SSDI to pay for the mortgage. He still owes on the house, he just doesn't legally own it.
I asked about putting a lein on the house.....because it is in a trust most states will not go after it because there is nothing they can do until I'm dead.
Get in touch with Bob, what do you have to lose it's a free consultation and if you like what you hear your that much ahead.
I hired him to do everything and the cost is very reasonable
Rae Ann, sounds like this man is right on. Good for you. Just be careful about the trust, if you can liquidate it or can control how the funds are used, meaning if you can make any changes that control the amount of money or assets that can be sold from it, then the trust and everything in it is countable. Just be real careful with that part.
Raeann, how can you redo a new DPOA that becomes effective immediately if hes already unsound mentallly? this was why i couldnt redo ours when the atty messed up the page numbers at the bottom and nobody noticed. when DH signed he was ok and atty notorized etc then we discovered th page numbers said 7pages to the DPOA when it was only 4..big screwup and atty had to notorize a letter to accompany our DPOA he was at fault..i had alot of questions about the pages! ugh!you canthave them resign a DPOA if they are not able or its not legal and can be challenged.check with your atty on this -divvi
I understand your comment, but I have to ask this question. When and who will decide if my husband is mentally sound or not? The medical profession? Yes he has EOAD, but he knows who he is, who I am, what day it is etc. But he cannot for instance keep a check book, pay the bills, but of course he's never done this I did. Now you have me a bit frightened.