Is this an old and dated IOU that has been documented in every way? Does your Mother's POA see evidence in her papers of her loan to you? If there is documentation of this loan then the POA can see to it that this loan is paid according to the agreement stated in the documentation. If, however, YOU are the POA this is all more difficult. You can imagine that were someone truly nefarious, they could get POA on someone not able to handle their own affairs, and then make a fake IOU and pay themselves? A POA must never ever be seen as doing anything "self-serving". I am assuming someone is handling spend down for your Mom? And she is unable to make her own decisions? If she is able to make her own decisions and has documentation of her loan and it's agreement, she can repay you. But, again, Medicaid can call this amount into question. Because, again, Medicaid can claim that your Mom is simply transferring money to you with some made up story. Try to see it from their side.
You mean a lien? You can’t just put a lien on someone’s house.....and the OP wouldn’t be first in line to collect if she was when able to take her mother to court and get a judgement.
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If, however, YOU are the POA this is all more difficult. You can imagine that were someone truly nefarious, they could get POA on someone not able to handle their own affairs, and then make a fake IOU and pay themselves? A POA must never ever be seen as doing anything "self-serving".
I am assuming someone is handling spend down for your Mom? And she is unable to make her own decisions? If she is able to make her own decisions and has documentation of her loan and it's agreement, she can repay you. But, again, Medicaid can call this amount into question. Because, again, Medicaid can claim that your Mom is simply transferring money to you with some made up story. Try to see it from their side.
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