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Protecting Senior Assets...



no_suchluck@hotmail.com (No Such Luck)
7/10/2004 3:37:11 PM


Hi All:
My mother has moderate Alzheimer's (but is otherwise in good health),
moved into a California assisted living facility in August, and I have
had to assume all financial responsibility for her affairs via Power
of Attorney. She currently has approx. $20,000 in the bank and is
operating with a negative cash flow, as her monthly income is $1,800,
and her rent and expenses are about $2,800.
Her facility is govt. subsidized, and if she had no assets, her rent
would be approx. $1,000 less. Because she is in good health, I am
very concerned about making her money last as long as possible. I
recently sold her California mobile home for $25,000 and am wondering
if there is anything that could be done with this check (made out to
her) that would safely obscure its addition to her assets.
Thanks in advance for any and all help.
 
 
Stan Brown
7/12/2004 6:24:54 PM


"No Such Luck" <no_suchluck@hotmail.com> wrote in
misc.legal.moderated:
Her facility is govt. subsidized, and if she had no assets, her rent
would be approx. $1,000 less. Because she is in good health, I am
very concerned about making her money last as long as possible. I
recently sold her California mobile home for $25,000 and am wondering
if there is anything that could be done with this check (made out to
her) that would safely obscure its addition to her assets.
The home was part of her assets, and so are the proceeds of its
sale.
I apologize if I've misunderstood you, but it sounds very much like
you're asking for advice on how to defraud the government.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
 
 
Christopher Green
7/12/2004 6:26:30 PM


On Sat, 10 Jul 2004 15:37:11 -0400, no_suchluck@hotmail.com (No Such
Luck) wrote:
Hi All:
My mother has moderate Alzheimer's (but is otherwise in good health)....
if she had no assets, her rent would be approx. $1,000 less.... I
recently sold her California mobile home for $25,000 and am wondering
if there is anything that could be done with this check ...
that would safely obscure its addition to her assets.
Since you are asking how to commit fraud, I won't answer your question
except to remind you that you have to follow the government subsidy
(Medicaid/Medi-Cal) rules for reporting assets. These do not allow you
to conceal, obscure, give away, or otherwise pretend that an asset
does not exist. Your motive for doing so doesn't enter into it: you
just can't do it without becoming a lawbreaker.
You will soon find out that selling the mobile home was an expensive
own-goal. Her home was an exempt asset, but the cash from selling her
home is not, and now you will have to spend it on her care until she
qualifies under the spend-down provisions. Do yourself a favor and
engage qualified assistance from a lawyer experienced in elder law
before you do anything even more costly.
--
Not a lawyer,
Chris Green
 
 
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