I am hold the power of attorney for my late 80 year old mother. She is running out of money, has dementia, and I am ready to apply from Medicare to Medicaid for her. The problem is that my sister still co-owns a business with our mother and she is unwilling to be forthcoming with the accounts and information needed for the application. She states the bank will recall the business loan which is in our mother's name. What can be done to get the information needed and satisfy my sister?
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Most likely your answer is going to need a lawyer (perhaps the one who did the POA paperwork since he/she knows the situation). as you are dealing with needs that are outside the scope most lay people being able to help if your sister is not cooperating.
If that lawyer is no longer available or won't take the challenge, Google your town name and the phrase 'state senator' and see if someone from their office can help you with a reputable legal aide source (never Google legal aide as 99% of those seem to be scams.
If your mother is in a nursing home, some have social work teams that do that paperwork (to get the person on Medicaid) and perhaps if they approached your sister, she may cooperate with them...but if not, a lawyer is needed. I would think the first thing would be to get your mom out of that business and off of that loan and that is a legal transaction from my point of view.
Prayers for an easy solution. Post back so I know how it is going for you!
You need a lawyer for this. There is a 5 year look back period, so you cannot transfer assets.
Thank you all for your input. A lawyer already consulted has suggested I just give the financials for the business & wait for them to ask for more. You can not get someone out of a loan, the loan would have to be settled & paid off and the funds are not there so I am told. Plus the sister would never take responsibility for it. Getting the mother off of the business would be impossible without going to court to become her conservator which is a bit deal. Would upset all.
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