I’m POA for my father. I want to dissolve it; however, he brings in too much monthly income for Medicaid but not enough for a conservatorship. What are my options?
I do not want to take on the POA responsibilities anymore. Our relationship has unfortunately reached its end. How do I go about dissolving POA and having someone else take on my dad. He currently lives in an adult family home.
You don't need a Conservatorship if you have POA. POA does not mean you have to visit. Doesn't mean you have to take calls. Does not mean you physically care for someone. You don't need to run errands be at their beck and call. You just carry out their POA wishes when needed and pay the bills. What do u think lawyers that have POA, they pay people to do it. If the staff is not calling about an emergency, they don't need to call you. Dad is paying for them to do his care.
If he is over the limit for Medicaid, see if your State allows for Miller/Qualifying Income Trusts. This is where the amount over the Medicaid income cap is put in the Trust. When Dad dies, the trust reverts back to Medicaid.
I would make sure you do this correctly. I might consult a lawyer and then see if the consult can be deducted from Dads money. Maybe better to allow a lawyer to write the letter. Ask if you walk away is this considered abandoning him if he isn't cognitive. If cognitive and can pay his own bills no problem. If he is cognitive, though, your POA is not in effect anyway unless immediate. Even if immediate, IMO, if Dad is competent can handle his own affairs.
The State can take over Dads care. They will place him and use his money for his care. They will get him on Medicaid.
You can just resign. Is your father competent? If so just tell him you don’t want to have the responsibility of acting on his behalf anymore. If he is not competent, notify the case manager at the home.
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If he is over the limit for Medicaid, see if your State allows for Miller/Qualifying Income Trusts. This is where the amount over the Medicaid income cap is put in the Trust. When Dad dies, the trust reverts back to Medicaid.
I would make sure you do this correctly. I might consult a lawyer and then see if the consult can be deducted from Dads money. Maybe better to allow a lawyer to write the letter. Ask if you walk away is this considered abandoning him if he isn't cognitive. If cognitive and can pay his own bills no problem. If he is cognitive, though, your POA is not in effect anyway unless immediate. Even if immediate, IMO, if Dad is competent can handle his own affairs.
The State can take over Dads care. They will place him and use his money for his care. They will get him on Medicaid.
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