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WHY does your brother want to borrow ALL of your 93 year old Grandmother's money?!? He should be able to get a loan if he has a job. Is your brother disabled or unable to work, then he needs to apply for disability--NOT take ALL of your Grandmother's money!! She needs HER MONEY for HER HEALTH CARE NEEDS.
EDITED: Since your Grandmother is living at home, she will need ALL of her money for future HOME HEALTH Care or a nursing home? At age 93, a person's bones are very fragile and can break at any time thus resulting in hospitalization and need for rehabilitation and possible nursing home.
Does your Grandmother OWN her home or is she living with you or someone else? Is your Grandmother and/or Brother thinking that by having your Brother BORROWING ALL of your Grandmother's money, that she will qualify for Medicaid sooner? There is more to think about than qualifying for Medicaid, before your Grandmother loans any money to anyone.
He is needing to buy a semi to start driving over the road so he needs it as a down payment. Her health is not good and I know and she knows he would never be able to pay it all back before she passes. She lives at home for now but she is close to needing to go into a nursing home. I do also have her in In Home Hospice.
This sounds like a bad idea for so many reasons that I don't know where to begin.
Your grandmother lends money. The loan is subject to a formal repayment arrangement, and the repayments (plus interest?) would then be income. I am purely guessing and others will know better, but if the loan were a loan and not a gift then I suppose that Medicaid might accept that situation. Possibly. Why not ask them?
But. If a grown man doesn't have the credit history or the moral compass to come up with any better solution to his financial needs than to borrow his grandmother's entire savings, it does not inspire confidence that he will repay a cent of it. What then?
She won’t be eligible for Medicaid if she loans out $30k and needs Medicaid in the next 5 years. Even with a contract. Medicaid is not for those who loan tens of thousands of dollars.
By the way, though. I know that where I live, a debt becomes payable in full when the creditor dies. So here, in the UK, if your grandma lent me $30K, and by August I had repaid $4K, and she were to pass away, I would immediately owe her estate $26K. You'd better check what the law says about this point in your state. Does your grandmother have a will?
If everybody in the family is in agreement that your grandmother knows what she's doing and that your brother is acting in good faith, there's no need for us to narrow our eyes at him and get all suspicious. But I'm sure you can see what this looks like. Who is responsible for managing your grandmother's finances, has she given POA to anyone?
I would not loan brother the money. It sounds like you and Gma are not really comfortable with it. Go with your gut feeling. This business may never get off the ground. Tell him sorry, its all Gma has and she may need it for her care. Tell him if she ever needs Msdicaid, it may effect being able to receive it. Never loan what you can't afford to.
Oh Honey, I understand the need for money for a down payment for a semi. I had a friend whose son borrowed money from his Father for a semi but the son "lost" the semi when his father had a heart attack and needed the son to return the semi to the dealership so that the father could have money for his medical bills.
You wrote: "she is close to needing to go into a nursing home. I do also have her in In Home Hospice." How does she (and you) plan for her to pay for the nursing home? Are you trying to "spend down" her money in order for her to qualify for Medicaid by having your Brother get a loan from her?
I agree with CM, call the local Medicaid and ask them if loaning someone all of their money is considered as "gifting" or does the person need to repay the loan with the repayment considered as "income" for the grandmother?
Does your brother and grandmother plan to have a loan document with a payment plan in writing so that she and you and your brother have "proof' of where her money went to? Who is your grandmother's POA and Medical POA and Executor of her Will? Have you talked to your grandmother's attorney about this situation?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
EDITED: Since your Grandmother is living at home, she will need ALL of her money for future HOME HEALTH Care or a nursing home? At age 93, a person's bones are very fragile and can break at any time thus resulting in hospitalization and need for rehabilitation and possible nursing home.
Does your Grandmother OWN her home or is she living with you or someone else? Is your Grandmother and/or Brother thinking that by having your Brother BORROWING ALL of your Grandmother's money, that she will qualify for Medicaid sooner? There is more to think about than qualifying for Medicaid, before your Grandmother loans any money to anyone.
Your grandmother lends money. The loan is subject to a formal repayment arrangement, and the repayments (plus interest?) would then be income. I am purely guessing and others will know better, but if the loan were a loan and not a gift then I suppose that Medicaid might accept that situation. Possibly. Why not ask them?
But. If a grown man doesn't have the credit history or the moral compass to come up with any better solution to his financial needs than to borrow his grandmother's entire savings, it does not inspire confidence that he will repay a cent of it. What then?
Call Medicaid and ask them.
By the way, though. I know that where I live, a debt becomes payable in full when the creditor dies. So here, in the UK, if your grandma lent me $30K, and by August I had repaid $4K, and she were to pass away, I would immediately owe her estate $26K. You'd better check what the law says about this point in your state. Does your grandmother have a will?
If everybody in the family is in agreement that your grandmother knows what she's doing and that your brother is acting in good faith, there's no need for us to narrow our eyes at him and get all suspicious. But I'm sure you can see what this looks like. Who is responsible for managing your grandmother's finances, has she given POA to anyone?
How long has Grandma been in the loan business?
She will require the money for her care and has NO way to earn that money after retirement, vs. Brother can earn money.
Our elders nest eggs are for their use only, try not to allow her to be exploited.
I understand the need for money for a down payment for a semi. I had a friend whose son borrowed money from his Father for a semi but the son "lost" the semi when his father had a heart attack and needed the son to return the semi to the dealership so that the father could have money for his medical bills.
You wrote: "she is close to needing to go into a nursing home. I do also have her in In Home Hospice." How does she (and you) plan for her to pay for the nursing home? Are you trying to "spend down" her money in order for her to qualify for Medicaid by having your Brother get a loan from her?
Does your brother and grandmother plan to have a loan document with a payment plan in writing so that she and you and your brother have "proof' of where her money went to? Who is your grandmother's POA and Medical POA and Executor of her Will? Have you talked to your grandmother's attorney about this situation?