I have POA for my brother and I helped him opened up his own bank account from his joint account with his wife. Should I transfer half of the savings?
My brother's wife abandoned him leaving his family to take care of him. I put in for waiver, but declined at this point. We will appeal it. In the meantime family was paying out of pocket for 3 weeks, but we are getting tired of footing the cost.
I agree with Geaton. Your POA does not give you the right to fool with marital assets. You need to see an Elder Lawyer and have the assets split. Even though she abandoned him, she is entitled to half the assets. I would think before she abandoned him, she saw a lawyer. The only thing ur brother maybe entitled to at this point is his SS and pension which I may put in separate account. You cannot touch her SS.
Additional info from your profile, your brother is:
"...76 years old, living at home with alzheimer's / dementia, diabetes, heart disease, incontinence, mobility problems, and stroke."
and
"I have my own apartment but have been staying in my oldest brothers home. I have a par time job that I enjoy and would like to keep working there. I'm left to be a caregiver for my brother due to wife abandoning him for family to take care of him. Another brother who I also make sure he is taken care of by way of grocery shopping, medicine being delivered, taking him to drs appointments, laundry trips to laundromat. He covers for me lately while I go to my partime job but it doesn't help because when I get home I have to clean him up from smashed bm and urine in pamper."
Because your brother is still married to his wife and she is joint on the account, I wouldn't touch that money until you speak to a certified elder law attorney. Unless you transfer it to another of this same brother's accounts. Do this right away. He needs to be assessed for LTC and Medicaid, which is what would cover the cost of his facility care (plus his SS). Act quickly before the wife drains the account!
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Keep very good records.
"...76 years old, living at home with alzheimer's / dementia, diabetes, heart disease, incontinence, mobility problems, and stroke."
and
"I have my own apartment but have been staying in my oldest brothers home. I have a par time job that I enjoy and would like to keep working there. I'm left to be a caregiver for my brother due to wife abandoning him for family to take care of him. Another brother who I also make sure he is taken care of by way of grocery shopping, medicine being delivered, taking him to drs appointments, laundry trips to laundromat. He covers for me lately while I go to my partime job but it doesn't help because when I get home I have to clean him up from smashed bm and urine in pamper."
Because your brother is still married to his wife and she is joint on the account, I wouldn't touch that money until you speak to a certified elder law attorney. Unless you transfer it to another of this same brother's accounts. Do this right away. He needs to be assessed for LTC and Medicaid, which is what would cover the cost of his facility care (plus his SS). Act quickly before the wife drains the account!
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