I am a POA for my Mom. Any advice?
My Mom is in a Nursing home and has progressive onset of dememtia. She appointed me as her POA. The biggest headache is those Stimulus Checks. Yes they get them even when in a Nursing home and have 12 months to spend them down. In everything I read up on, what can I do as a POA is to make sure she has everything she needs and all her expeinses are paid up with Funeral , buriel? There is still too much money in her trust account at the nursing home. The one thing that I can do is and I know my Mom would want is to "Gift " that money to her family. But the Nursing home will not let me do that, because they need written proof from the state Medicaid office that the money can be giffted to the family. I do not know what they told the State Medicaid office but they are saying that they were told no. but I called and was told Yes I could do that.
They are not letting me fulfil my Mom's wishes if she did not have dementia and my job to oversee that. Otherwise she will have too much money and will lose her Medicaid. That will be even a bigger stress of having to pick up the slack of lost Medicaid. Me and everyone else in her family can not afford those bills. I hate to have to take all this to a Lawyer, because that will cost more than the $1400 stimulus check is worth, that I am trying release from her trust to help reduce the assest.
It's a getting into a complicated mess that would have been solved easy.
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See if your lawyer can write a letter and enclose these two articles. The national centers article is on the internet maybe you can download the official article. Ask your lawyer if you have the ability to ask for all the money from the stimulus checks, depositing it into an account in Moms name. That way u will have a statement for Medicaid. Once the money is gone, then close the account. Ask for a Statement from the home where it shows each stimulus being received. This will be proof when the monies came in.
https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-0025.htm
Here is an article about how the stimulus works.
Nursing Home Residents, Medicaid, and
Stimulus Checks: What You Need to Know
Will Stimulus Checks Affect My Medicaid Eligibility?
No. Under Medicaid rules, a stimulus payment is not counted as income. Therefore, receiving a
stimulus payment does not change a resident’s monthly payment (often called a “patient pay amount” or
“share of cost”). The resident pays the same monthly amount to the nursing facility and keeps the stimulus
payment for their own use.
In addition, the stimulus payment does not count as a Medicaid resource for 12 months. In other
words, for the first year, the payment cannot cause you to have “too much” savings.
EXAMPLE:
An unmarried resident receives $1,050 monthly Social Security benefit and has $1,800 in savings. Each
month she pays the nursing facility $1,000 from her income, and keeps $50 for personal needs.
After receiving the $1,200 stimulus payment in May 2020, her payment obligation to the nursing facility
does not change. She continues to pay $1,000 monthly.
After receiving the stimulus payment, her savings will increase from $1,800 to $3,000. To retain
Medicaid eligibility, she must spend down her savings to under $2,000 within a year—before May 2021.
Are There Restrictions on How I Can Spend the Stimulus Money?
In general, a resident can spend the stimulus money as they wish, including gifts and charitable contributions. This is the resident’s money to spend on their wants and needs.
When Will the Check Arrive?
The Internal Revenue Service (IRS) began sending stimulus payments on April 17, 2020. Checks are sent
the same way checks are currently sent for persons receiving Social Security. All recipients of Social Security
benefits, including retirement, survivors, disability (SSDI), and supplemental security income (SSI); Veterans
Administration benefits; or Railroad Retirement benefits will receive payment automatically, without any
action on their part. If someone is currently receiving benefits through direct deposit, the stimulus payment
will arrive through direct deposit as well.
Under recent COVID-19 legislation, most nursing facility residents are receiving stimulus payments
of up to $1,200. The Internal Revenue Service will issue these payments in the same way that you
receive your Social Security benefit (direct deposit or a paper check by mail).
This money belongs to you, not the nursing facility! This is true even if Medicaid pays for your care and services at the facility.
Yes she recieved all 3 of her Stimulus the First one $1200 was electonically sent the Nursing home deposited in her trust.(no it did not go to the bank because the bank closed her checking account when her SS check go's to the NH to pay part of her room and board along with Medicaid. AT that time she did not have very much money in there as she had only been residing at the NH for a few months in 2019 She automatically get's $30 a month for her spending. little did we know that our Government was going to give us free Money in 2020 LOL! The 2nd one $600 came as a visa debit card so her bank helped me cash it and put it in her bank savings account. the 3rd was again electronically sent to the NH and deposited in her trust fund now she has too much Money in there.
Yes I have been trying to contact Medicaid but they no nothing, this Stimulus check thing is all new to them so even they can not make any decisions on what to advise the only thing they did tell me was I needed to talk to the Nursing home or hire a lawyer. I do have a family Lawyer we go to even he said that since I have POA that I had legal right to managae the money in her trust. but then again the NH will not budge. and will not let me gift it to the family . like I said above she have everything she needs. but even with the things I brought I was reinbursted out of her trust. because I had to buy out of my own pocket first then they paid me back. It is much more logical to write me out a check for the $1400 and I will gift it - divide it between me, my sister , her Grandson and Great Grandson as I know that is what my Mom's wishes. I am only trying to do as my Mom would want if she was able to with out the demential.
Yes like I said she is all set for her funeral and buriel she paid for that its good to go. no need to buy any more Mom was a book keeper in her younger years. she managed Dad's business. and while she was doing that she was paying for their funeral/Buriel expenses. so it all done and ready for her time.
If the question is only about the stimulus checks, your Mom should have received a total of three checks, including this last one you mention. I would call medicaid in your State, because I don't believe what you are being told. I am told that this is NOT considered income. Therefore I would think it could be used as she pleases. The burial suggestion, however, is an excellent idea if those plans are not in place. Your POA ends the day she dies and you would otherwise have to pay funeral costs out of your own funds. Even simple cremation without ceremony costs about 2,500 in California. So it is worth considering that advice.