Newbie questions about 24/7 caregivers: legal questions, etc.

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<p>Those are self-propelled wheelchairs. That is, patients propel them themselves. Motorized scooters are another thing entirely. Not everyone is appropriate for motorized scooters. Some people are very unsafe operating them-- they can knock down other patients, aside from crashing into things. You won’t see a lot of them.</p>

<p>Re: the Medicaid issue, the big problem is money that is gifted. All gifted money results in a delay in Medicaid benefits if it is gifted within 5 years of the application for Medicaid. The number of days of delay for benefits is calculated using a formula particular to each state, and is based on how much money was gifted. </p>

<p>If you make any cash withdrawals from her accounts, including cash from the ATM or cash back when checking out with a debit card at a store, you must be able to prove that it was used for her-- otherwise, how would Medicaid know it wasn’t money that was gifted? E.g. If you take out $20 cash to pay for her hairdresser visit, you’ll want to have a receipt for the hairdresser payment, including the tip. Really it’s best not to make any cash withdrawals-- write a check instead (and make a notation on the check of what it was for) and get a receipt for everything you pay for out of her accounts. </p>

<p>Also, if you pay for something for her, and then write yourself a check to repay yourself from her account, photocopy the check before you deposit it, and staple that copy to the receipt. Keep very clear records.</p>

<p>With any loans you make her, you run the risk that she will run out of money before the loan is repaid, and then you would have to get in line with other creditors. Medical bills can run up fast, and houses can take a long time to sell. Personally I would not want to take the risk of not being able to get my money back. A word to the wise: protect your finances.</p>

<p>You really should plan to have that talk with the elder law attorney.</p>

<p>As for the yellow tape, previously you said, “The survey, of which my mother had available several copies available right on the table, clearly indicates that the septic is under the expansive FRONT lawn, not the back!.” Today you said, “The yellow tape is in the back.” </p>

<p>I was going on the earlier comment. Regardless, in lieu of yellow tape, you can simply effectively block access to the problem area- it can be low border fencing, (like people put around a garden bed,) securely installed. Or other ways. The idea is to let prospective buyers develop interest in the home before alarming them. </p>

<p>??? I assume you meant that they skipped your dau’s baptism. Suggestion: – if you are going to quote someone and use the quote box, don’t then change what they wrote (especially since what I wrote was quoting your post and asking for clarification). Better to explain it below but don’t change what the person wrote in the first place. That is confusing and misleading. </p>

<p>I happened to have to pull my late dad’s estate’s 2012 final taxes today, and ran across the closing statement for the house sale. Lots of fees for this and that. They sure added up. Will take a closer look and see now much it was.</p>

<p>That’s a good idea LF-- anything that will keep people off the grass over the tank will do.</p>

<p>I think cordoning off the area that is a potential hazard is essential , regardless of whether it is in the front or the back of the house. With the septic report saying what it does, it qualifies as a “known hazard” and if someone were to run a lawnmower over it and cause a sinkhole or something and get hurt, you/your mom would be responsible. That report says it could happen, so get it roped off.</p>

<p>I looked at the closing statement of late dad’s house. things like:
Unpaid 2nd half of school tax $1018; commission to realtors: $25,000; escrow agent fee $200; Title prep transfer tax returns $75; Some ancillary atty fee for straightening out an old title thing $700; bank service charge$ 13; legal fees $3,000; title charges $1619; NYS transfer tax $2000; Recording fee power of attorney $120. Thats almost $34K in fees at closing. </p>

<p>*** crossposted with ctmom.</p>

<p>We should note that 34k is on a much higher sales price- from the commission, it looks like maybe at least 400k-? Some fees may be standard, some may be tiered- but the agent will know. </p>

<p>Yes, the house sold for a bit more than dharma’s mother’s house, but there was a significant mortgage that had to be paid off.</p>

<p>@bookreader, before I started this journey, I had assumed all ALs would have medical staff too, but that was before I had a clear understanding about the difference between ALs and SNFs. I remember one we looked at had an RN, but not round the clock. She wasn’t there for emergencies so much as following up with residents who’d been in the hospital, checking in on sick residents, assessing if someone needed to be sent out to ER, etc. </p>

<p>I hope today will go a little better at the AL but it’s still early days, so don’t expect too much. Settling in takes time.</p>

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<p>LasMa, everything is just right. There is an emergency pull cord right next to her bed. And there is one in the bathroom. But in my mind, I associate them with life-threatening emergencies, e.g., an aide comes RUNNING because someone is having a heart attack. Yes, this was a fall, but it was just as much a “slump” as a fall.</p>

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<p>Ah, now I understand. I thought “self propelled” meant the motorized ones. There are none of those.</p>

<p>As for the medicaid issues, no fair there are no problems to track. We share a checkbook–her name is on it–I use this checkbook, not mine and my husbands, certainly not. And I carry her credit card and use it for every purchase I make for her. </p>

<p>After taking into account the two moving days and the payment Tuesday to AL, I will calculate what she has left today.</p>

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<p>Wow, your memory goes back FAR. On my parents front lawn is a big plate which I wrongly for years assumed was the septic. No, for years I was wrong; it is the top of their well. Indeed, when the septic inspector came to the house, he immediately found the septic – in the back.</p>

<p>jym626, I am so sorry. I was so shocked at the error–to me a very shocking error and I was horrified by the misunderstanding I created–I made that yes, I did change the word. Really, it was a gut emotional thing. I couldn’t stand looking at that word on the screen. My apologies for the initial confusion and for the word change.</p>

<p>LasMa, my mother’s AL has an RN during the day and an RN on call at night.</p>

<p>So, the survey didn’t show it in front. The various detours are creating some thread confusion and adding to both your burden and, I’d guess, your mother’s. The good part is you’ve been through some of the weightier challenges, made considerable progress, gained some experience. Now the deal is to put two and two together, use those experiences and lessons learned, in moving forward, wisely. </p>

<p>A number of posters did say to have the AL room ready for her. Partly, because it makes it welcoming for an old lady who doesn’t handle stresses well. It avoids more trigger points for each of you- the very ones you are now describing. I did find myself saying, thank heavens this place is ten minutes from you, not an hour. </p>

<p>These trigger points include various decisions. Don’t inadvertently rush into some decision and then have to backtrack to undo, adding more to your list of tasks. Try to clearly see what the real priorities are and the options. </p>

<p>Your agent can tell you what you can net at the current sales price of 225. Your agent can help you decide about moving forward with septic repairs versus simply disclosing and crediting. (To credit requires a quote. I do realize she said, go ahead if you wish.) Of course it’s wise to cordon off the bad spot of ground. This boils down to- and that’s true for the thread, too- how much is enough versus too much. In that vein, right now we can help you best with specific questions. You may want to focus on that, not some of the extra conversational parts. We know this is hard. </p>

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<p>No, those pull cords are for just the situation that happened-- falls, can’t get off toilet, etc. Anything where the resident needs help. People do not come *running<a href=“it’s%20not%20the%20ER”>/i</a>, but they do come. At my mother’s IL apartment they phone the apartment first to find out what the situation is and if there is no reply, they come.</p>

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<p>Dharma, you might want to mention this to your mother whenever you see her.</p>

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<p>No, I could not do this, the AL would not let me do this. I could not have the room ready. The AL has a bizarre must-adhere to policy: Do paper work in the morning (resident and representative), and the movers MAY NOT APPEAR until after the checks are signed in the morning and no earlier than 1:30 pm.</p>

<p>Good to know about the pull cords, thanks old mom.</p>

<p>I calculated my mother’s remaining assets and they are very low. I have been emailing back and forth with my own attorney as to how to proceed. I am trying to be hopeful that the house will sell very soon (many people are viewing the house), that the septic problem not turn them off, and that if it does not sell soon, my family, our attorney, and the AL can reach an agreement that allows my mother to stay until the house sells. The realtor keeps sending me positive emails, which given how she disappointed me with her faith in the deadbeat buyer, are beginning to annoy me. </p>

<p>Re your mother’s assets: How low is “very low”? A month in the AL? 2? 3? (I realize that there are other claims on those funds.)</p>

<p>If you had to do this move on one day, you probably had options other than sticking her in the great room, for some number of hours. Some would have simply borrowed her from NH for the paperwork, then returned her. Maybe later that day, maybe the next day, depending. This issue has two parts: they wanted the paperwork and furniture on one day and what your mother could physically and emotionally tolerate. Of course she went into meltdown.</p>

<p>Haven’t many posters been saying you don’t have to have an early agreement what happens if her cash on hand runs out before the house sells? Wasn’t this how we got to talk of liens, etc? And all that? She has the assets, they are just tied up in a house being actively marketed. Maybe someone can explain (to me, at least) why this is a bullet on your to-do list, at this time.</p>

<p>I lost a word that is needed, to clarify. I meant borrowed her, returned her to NH, then brought her back to AL later. </p>

<p>It was clear what you meant, LF. Dharma’s mom had to be at the AL to sign papers, but didn’t have to remain there during the long period of moving in and setting up her belongings. The area could have been set up, then checked for safety, while Dharma’s mom was back at the nursing home.</p>

<p>Thanks for the clarification @LasMa. </p>

<p>Water under the bridge on the woulda/coulda/shouda on move-in day. The facility’s practice seems unhelpful, but possibly it makes more sense if we consider that most new residents are moving in directly from their homes, and in better condition than Dharmawheel’s mom.</p>

<p>Glad the new price is bringing some new potential buyers in.</p>