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His property over in texas to his girlfriends daughter in agreement that she would pay him 500 dollars a month. But she has not paid him anything. Is there anything he can do legally about this?
How old is your BIL? Is he too young for Medicare (65)? Doesn't sound like anyone knew what they were doing, or that the GF DID know what she was doing and took him to the cleaners... so sorry, he now needs a lawyer.
Did your brother in law sign over everything he owned to this woman in order to get on Medicaid? If he's hiding assets from the government, I don't imagine he has a legal leg to stand on.
His money should have gone to his care. He has now essentially "gifted" this money which will mean he will not qualify for governmental assistance.
I am assuming you have no legal paperwork? If not this is basically a nightmare and you should see an elder law attorney at once to see what options you have.
I have thought about this. So he "sold the property" did not just hand it over. Was it sold at Market Value because thats what Medicaid requires? Was there a contract with the amount of the sale and payments to be made? If she has not made one payment and there is a contract of sale then maybe this can be reversed, the property put back up for sale so his Medicaid continues. I would see an Elder lawyer. If this was a house he lived in, that is an exempt asset and would not have kept him from getting Medicaid.
I'm very confused. What exactly did he he sign? Does he have a Power of Attorney? If so they need to request copies of all the documentation that was signed, immediately - and meet with an elder care attorney to understand exactly what has happened here.
If the girlfriend's daughter entered into a long term agreement of some kind to pay fair market value over time (some how I doubt that - but it's kind of moot since she hasn't paid anything anyway) then that needs to be on record so that he can still qualify for Medicaid.
Otherwise- she likely needs to return all of his assets and he needs to spend them down on legally allowable purchases - including his care - until he qualifies for Medicaid.
The statement that he needed to sign over everything to her that was in his name in order to receive medical care is incredibly vague and right now it just sounds like he got scammed.
I just thought of a Judge Judy comment. You need to come to court with clean hands. If ur BIL went on Medicaid for help he was not suppose to transfer property. Thst was an asset that could be used for his care. He is allowed a house andva car but everything else has to be sold. In home care requirements are pretty much the same as Long-term care. There is 5 yr lookback for Medicaid. No gifts, trust or tranfer of property can be done.
I so hope he had a contract written up stating she owes $500 and what happens when she does not pay. He probably cannot afford to take her to court.
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:
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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").
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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.
Wishing your BIL good luck with his medical care.
He has now essentially "gifted" this money which will mean he will not qualify for governmental assistance.
I am assuming you have no legal paperwork? If not this is basically a nightmare and you should see an elder law attorney at once to see what options you have.
Fitting.
If the girlfriend's daughter entered into a long term agreement of some kind to pay fair market value over time (some how I doubt that - but it's kind of moot since she hasn't paid anything anyway) then that needs to be on record so that he can still qualify for Medicaid.
Otherwise- she likely needs to return all of his assets and he needs to spend them down on legally allowable purchases - including his care - until he qualifies for Medicaid.
The statement that he needed to sign over everything to her that was in his name in order to receive medical care is incredibly vague and right now it just sounds like he got scammed.
I so hope he had a contract written up stating she owes $500 and what happens when she does not pay. He probably cannot afford to take her to court.