Smancuso, There are so many other posts about the car give away issues: Showing results for car giveaways:
Is my grandma able to give me her car before she enters a nursing ... www.agingcare.com › Caregiver Forum › Medicaid › Questions May 30, 2017 ... If she is private pay and will need to apply for Medicaid within five years, same thing, can't give away assets. You may be able to purchase ... I think my sister might have a personality disorder. How do I handle ... www.agingcare.com › Caregiver Forum › Elder Abuse › Questions Aug 25, 2023 ... ... give away your mother's car to her unless you are a financial POA? And IF you give away your Mom's car are you aware of the gifting ... What is Mother's legal liability if Father still chooses to drive and has ... www.agingcare.com › Caregiver Forum › Elder Law › Questions Jul 19, 2016 ... Ask your father to lend (or give away) the car to a family member who could really use it. As for the liability for your Mother it is like ... My husband has started giving things away. - AgingCare.com www.agingcare.com › Caregiver Forum › Relationships › Questions Dec 12, 2015 ... the next day he cleaned out his closet and wanted to give away expensive clothes that fit him. ... Take away the car and the assets and it will ... Can I sell my mother's car? - AgingCare.com www.agingcare.com › Caregiver Forum › Medicaid › Questions Aug 31, 2013 ... My mother recently was granted Medicaid Long Term Care in Connecticut due to Diabetes and vascular dementia due to diabetic shock that left her ...
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Possession is nine-tenths of the law is a common expression, especially in criminal cases, but it is not an actual legal principle. It was first used in property ownership disputes, implying that the person currently occupying and using the property has ownership rights.
A person entering assisted living does not lose their ownership rights. Their possessions should not be up for grabs by the family without proper compensation.
If you are POA, you have a fiduciary role, or you need to ask the person with POA the disposition or use of the car. And, can you ask your father?
If Dad is joint owner, he could still be liable for any tickets or accidents that may happen while in your possession. Best to have him sign off, IMHO. My mom & brother were joint registered owners on her car. When she came to live with me, he kept the car. I had her sign off (per DMV) and transfer the sole ownership to him to protect her from possible tickets or accidents he may incur. You sound like a responsible daughter, best wishes.
Talk with an attorney. Who's name is on the registration? With your father in AL, he will not have the income to pay expenses for registration, fuel and maintenance. How will car loan payments be handled because your father cannot pay his part, if it exists?
Yes you can keep it. It’s a matter of wether or not you choose to keep it. The only real complication would be if the registration and insurance are in his name and he pays for it all because you would likely need to take on that responsibility but it doesn’t sound like that’s the case. Other than his ability to afford the expense there isn’t anything that changes no matter where he lives. Now claiming it as an asset is another thing but Medicaid allows a person to own one car so I don’t see why AL wouldn’t do the same when considering assets. If you are both on the title and it is jointly owned it isn’t really an accessible financial asset of his unless it sold anyway. No one wants his means of transportation (you and that car) to go away so I doubt there would be any problem.
i don't know why you couldn't unless you are talking about tax reporting or medi-caid expentures ? oh. jointly. Still. As mentioned, go to DMV and ask them. i don't have too much success going on their website although this seems like a question you'd need to ask in person.
* Be sure to take all the paperwork, and your dad's ID/DL if he has one.
* possibly ask an attorney if you already have one. Although i believe unless a need to manage / report income / healthcare-medi-caid/medi-care issues, i don't think this is necessary.
You want to be safe than sorry. Do whatever you need to do. Everyone here may have differing circumstances.
Go to your DMV website and see what is required to change a title. Whose name is on the insurance? Whose name is on the registration? I think this must be state specific as what has been suggested wouldn’t work in some states. Fraud comes to mind. All I would have to do is steal someone’s title and change it to my name? I don’t think so.
It isn’t clear if this person is on Medicaid. Could cause a different set of problems with Medicaid. The DMV can’t help with that. One car is exempt on Medicaid.
Father is still living. His signature may be needed if any or all of this is in his name.
Yes, pretty much all someone would have to do is steal the title to the car. That's why people keep the titles to their cars locked up with their other valuables.
Do you have the title? If so go to the motor vehicle department in your state and transfer it over to your name. Do the same with the registration. If there's still payments owed, pay it off all at once and then you'll get the title which you can transfer only to yourself since your name is on it already. Then say nothing. Do this before your father goes into the AL.
If you have the title, you own the car. Just do it and don't complicate matters by telling the AL.
Only caution is that there will be no money to pay car payment, insurance, gas or maintenance if Dad is on Medicaid. You will have to pay all expenses to keep the vehicle.
Your father is on Medicaid. He can keep one car. This car is then the one he keeps. As you are joint owner of this car, this car is yours upon his death. Check with Elder Law attorney, but if you are on title, then the car passes to you as sole owner when your father dies.
How does you father want to "split" the ownership? If he is able to keep the car as an asset (don't know if Medicaid would have rules/regulations) The options are You buy him out of his half of the car ownership or He buys you out. I would think you both have equal "rights" to the vehicle if you have both contributed equally to the purchase and upkeep including insurance and other fees. It will be difficult for him to have access to it if you are in possession of it, and difficult for you if he is in possession. What does your father want to do?
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There are so many other posts about the car give away issues:
Showing results for car giveaways:
Is my grandma able to give me her car before she enters a nursing ...
www.agingcare.com › Caregiver Forum › Medicaid › Questions
May 30, 2017 ... If she is private pay and will need to apply for Medicaid within five years, same thing, can't give away assets. You may be able to purchase ...
I think my sister might have a personality disorder. How do I handle ...
www.agingcare.com › Caregiver Forum › Elder Abuse › Questions
Aug 25, 2023 ... ... give away your mother's car to her unless you are a financial POA? And IF you give away your Mom's car are you aware of the gifting ...
What is Mother's legal liability if Father still chooses to drive and has ...
www.agingcare.com › Caregiver Forum › Elder Law › Questions
Jul 19, 2016 ... Ask your father to lend (or give away) the car to a family member who could really use it. As for the liability for your Mother it is like ...
My husband has started giving things away. - AgingCare.com
www.agingcare.com › Caregiver Forum › Relationships › Questions
Dec 12, 2015 ... the next day he cleaned out his closet and wanted to give away expensive clothes that fit him. ... Take away the car and the assets and it will ...
Can I sell my mother's car? - AgingCare.com
www.agingcare.com › Caregiver Forum › Medicaid › Questions
Aug 31, 2013 ... My mother recently was granted Medicaid Long Term Care in Connecticut due to Diabetes and vascular dementia due to diabetic shock that left her ...
Enter the title in the search bar above/the magnifying glass icon.
Possession is nine-tenths of the law is a common expression, especially in criminal cases, but it is not an actual legal principle. It was first used in property ownership disputes, implying that the person currently occupying and using the property has ownership rights.
A person entering assisted living does not lose their ownership rights. Their possessions should not be up for grabs by the family without proper compensation.
If you are POA, you have a fiduciary role, or you need to ask the person with POA the disposition or use of the car. And, can you ask your father?
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My mom & brother were joint registered owners on her car. When she came to live with me, he kept the car. I had her sign off (per DMV) and transfer the sole ownership to him to protect her from possible tickets or accidents he may incur.
You sound like a responsible daughter, best wishes.
* Be sure to take all the paperwork, and your dad's ID/DL if he has one.
* possibly ask an attorney if you already have one. Although i believe unless a need to manage / report income / healthcare-medi-caid/medi-care issues, i don't think this is necessary.
You want to be safe than sorry. Do whatever you need to do.
Everyone here may have differing circumstances.
Gena / Touch Matters
Whose name is on the insurance? Whose name is on the registration?
I think this must be state specific as what has been suggested wouldn’t work in some states. Fraud comes to mind. All I would have to do is steal someone’s title and change it to my name? I don’t think so.
It isn’t clear if this person is on Medicaid. Could cause a different set of problems with Medicaid. The DMV can’t help with that. One car is exempt on Medicaid.
Father is still living. His signature may be needed if any or all of this is in his name.
Yes, pretty much all someone would have to do is steal the title to the car. That's why people keep the titles to their cars locked up with their other valuables.
Then say nothing. Do this before your father goes into the AL.
If you have the title, you own the car. Just do it and don't complicate matters by telling the AL.
I hope that she will be able to pay it off. It says in her profile that her dad is 91 years old, so I seriously doubt that he was driving the car.
Everyone needs a vehicle these days! It’s so expensive to replace a car.
As you are joint owner of this car, this car is yours upon his death.
Check with Elder Law attorney, but if you are on title, then the car passes to you as sole owner when your father dies.
If he is able to keep the car as an asset (don't know if Medicaid would have rules/regulations)
The options are You buy him out of his half of the car ownership or He buys you out.
I would think you both have equal "rights" to the vehicle if you have both contributed equally to the purchase and upkeep including insurance and other fees.
It will be difficult for him to have access to it if you are in possession of it, and difficult for you if he is in possession.
What does your father want to do?
What does your father say?