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Anderson52 Asked July 2020

My mother was admitted to an assisted living facility 2019. A financial guardian was appointed. Thoughts?

I stayed in her home to protect and keep safe her property. Being there a short time, a tree fell during a storm making quite some damage. After which, I asked for reimbursement of costs. In return the financial guardian appointed by the court threatened to evict me. Thoughts?

BarbBrooklyn Jul 2020
You need to contact the court that appointed this guardian.
Anderson52 Jul 2020
Drafting a complaint now. Just needed to see if there were any differing views beforehand...thank you!
BarbBrooklyn Jul 2020
If she is not on Medicaid, why is the financial guardian bringing up the income and asset limitations the apply to Medicaid recipients?
Anderson52 Jul 2020
Good question to which I am trying to get some answers....

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Tothill Jul 2020
Thank you for following up Anderson.

I think Barb has nailed it. Once Mum is on Medicaid her funds cannot be used to maintain a house. As the person living in the home, it was your responsibility to maintain the house insurance, property taxes and maintenance.

It is sad that it is not maid abundantly clear to families who is responsible for what. My family has a trust. The Trustee, who also has lifetime use of the property is 100% responsible for taxes, maintenance and insurance. He has let maintenance slide to the point the roof has been tarped for 2 years. Some but not all of the property taxes are paid by rental income.
Anderson52 Jul 2020
I offered to buy the home, two months ago. He said that would not be in her best interests as it might eliminate her ability to use Medicaid... After I asked if he could show the family what monies she had, and where it was spent, he offered two weeks ago to sell it to me... I moved in, her home March. 2020... We attempted to contact him,and no responses for weeks. I finally set up a conference call with my siblings and his assistant and himself.... During this call I offered to take on all bills ... Everyone agreed. It appears that many of the bills were not being paid and he used part of my reimbursement for them.
BarbBrooklyn Jul 2020
If mom is on Medicaid, then there is no money to pay for maintenance of the home. If you are going to live there, you need to be paying for the property taxes, the insurance, the utilities and everything else.

In some states there is a "caregiver" exemption for adult children who have lived in the home and provided nursing home level care for some amount of time which prevents Medicaid from placing a lien on the home until the caregiver sells or dies, but it does not sound like this is the case.
Even if you HAD a caregiver exemption, you will still be responsible for those bills.
Anderson52 Jul 2020
No Medicaid at this point... No "caregiver exemption" either. I offered to pay the bills, after a full accounting, as she was receiving unpaid bills. Since the was no trasparency, I refused to pay, he he threatened with eviction...
Tothill Jul 2020
Lots of missing information here.

1 Why didn't home owners insurance cover the cost of repairs?
2 Is Mum on Medicaid?
3 What are Mum's health issues? Does she have dementia?
4 Who did you ask for reimbursement?
5 Did Mum have POAs in place?
Anderson52 Jul 2020
As finances were transferred to guardian, home owners insurance had lapsed...which is why I paid the bill. I am told by the guardian that her account has to be less than $2000 to qualify for Medicaid. Her classification is dementia. She was post hip surgery, under general anesthesia by a year. Misuse of her diabetic medications, and general confusion of her status within the law. I was advised to submit bills to the financial guardian appointed by the court, a lawyer. Her POAs are distributed amongst family members. Guardian of Person is held by a sibling...

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