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  1. #1

    Default Fathers Guardian Attempting to Liquidate Assets

    My question involves estate proceedings in the state of: michigan
    Long story, but basically my fathers wife of 15 years got guardianship over him when he started to develop dementia. She didnt inform his children(me, my brother) of this and even left the "list children or interested parties" section blank on the guardianship petition. When i found out i informed the court but they have opted to leave her as guardian and instructes her attorney to forward all documents to me.
    My dad has some considerable wealth, around 500k according to court filings. This money was my gransfathers money that my dad inherited, and their was originally A LOT more that was pissed away by the wife...she purchased a bar(which failed) and some property down south which is still owned.
    Recently(in the last couple weeks), without informing me, she put him in a nursing home. She has now filed a motion to liquidate his assets and filed a medicaid claim to get medicaid to pay for his long term care. Basically she wants to take his money and run.
    Can she do this?
    I was under the impression if someone has considerable assets that medicaid will not cover long term care, ive worked in a nursing home for 15 years and i know a bit about it.
    What can i do to stop this?

  2. #2
    Join Date
    Jul 2018
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    Default Re: Fathers Guardian Attempting to Liquidate Assets

    I'm guessing that your father's wife is not your mother.


    Quote Quoting Chickenman0710
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    Recently(in the last couple weeks), without informing me, she put him in a nursing home. She has now filed a motion to liquidate his assets and filed a medicaid claim to get medicaid to pay for his long term care. Basically she wants to take his money and run.
    Can she do this?
    I don't really understand the question. She has filed the motion, so it is obvious that she can do that. We have no conceivable way of knowing the likelihood of the court granting the motion.


    Quote Quoting Chickenman0710
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    What can i do to stop this?
    You can file an opposition to the motion and/or seek to have your father's wife removed as his guardian. I suggest you consult with a local attorney who handles such matters.

    Note that liquidating his assets will have no impact of his eligibility for medicaid.

  3. #3
    Join Date
    Oct 2006
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    15,625

    Default Re: Fathers Guardian Attempting to Liquidate Assets

    Quote Quoting Chickenman0710
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    My question involves estate proceedings in the state of: michigan
    Long story, but basically my fathers wife of 15 years got guardianship over him when he started to develop dementia. She didnt inform his children(me, my brother) of this and even left the "list children or interested parties" section blank on the guardianship petition. When i found out i informed the court but they have opted to leave her as guardian and instructes her attorney to forward all documents to me.
    My dad has some considerable wealth, around 500k according to court filings. This money was my gransfathers money that my dad inherited, and their was originally A LOT more that was pissed away by the wife...she purchased a bar(which failed) and some property down south which is still owned.
    Recently(in the last couple weeks), without informing me, she put him in a nursing home. She has now filed a motion to liquidate his assets and filed a medicaid claim to get medicaid to pay for his long term care. Basically she wants to take his money and run.
    Can she do this?
    I was under the impression if someone has considerable assets that medicaid will not cover long term care, ive worked in a nursing home for 15 years and i know a bit about it.
    What can i do to stop this?
    Medicaid will certainly not allow her to take his assets and run. In fact, Medicaid might even file criminal charges if she attempts to take his assets and run. Medicaid will allow assets to be spent down in certain circumstances. For example, if the home that the spouse will still occupy needs a new roof, assets can be spent down to pay for that roof, and there are other instances where assets can be spent down. Again however, Medicaid will not allow her to take his assets and run, nor will the law. That would violate her duty as his guardian.

  4. #4
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    Nov 2013
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    6,431

    Default Re: Fathers Guardian Attempting to Liquidate Assets

    You speak of his assets but the community spouse also has ownership of those assets for the purpose of Medicaid eligibility .

    https://www.law.cornell.edu/uscode/text/42/1396r-5



    Quote Quoting llworking
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    Medicaid will certainly not allow her to take his assets and run. .
    And what do you think Medicaid would do to stop her? The father is not on Medicaid yet. If the wife were to take more than she is entitled to and applies for Medicaid for the husband, Medicaid would find the husband ineligible for assistance. That includes the look-back date for transfer of assets she is not entitled to.

    Quote Quoting llworking
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    In fact, Medicaid might even file criminal charges if she attempts to take his assets and run. .
    To prosecute on criminal charges there has to be fraud. Taking his assets and then applying for Medicaid is not fraud. Again, the husband would be ineligible for assistance. The matter becomes a civil matter.


    Quote Quoting llworking
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    That would violate her duty as his guardian.
    And that also would be a civil matter and not criminal.

  5. #5
    Join Date
    Oct 2006
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    15,625

    Default Re: Fathers Guardian Attempting to Liquidate Assets

    Quote Quoting budwad
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    You speak of his assets but the community spouse also has ownership of those assets for the purpose of Medicaid eligibility .

    https://www.law.cornell.edu/uscode/text/42/1396r-5





    And what do you think Medicaid would do to stop her? The father is not on Medicaid yet. If the wife were to take more than she is entitled to and applies for Medicaid for the husband, Medicaid would find the husband ineligible for assistance. That includes the look-back date for transfer of assets she is not entitled to.



    To prosecute on criminal charges there has to be fraud. Taking his assets and then applying for Medicaid is not fraud. Again, the husband would be ineligible for assistance. The matter becomes a civil matter.




    And that also would be a civil matter and not criminal.
    I disagree. It is elder financial abuse and that is criminal.

  6. #6
    Join Date
    Nov 2013
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    Default Re: Fathers Guardian Attempting to Liquidate Assets

    Quote Quoting llworking
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    I disagree. It is elder financial abuse and that is criminal.
    I suggest that you read the statute and then come back and give your opinion as to whether or not a community spouse and legal guardian is subject to the that law.

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