End stages COPD in Indiana. My dad has around 35,000 in the bank and he's on Medicare and has end stage COPD (only 22% lung capacity left). His house needs a few big repairs but won't get them fixed for some reason, and I've tried EVERYTHING to get him to before something happens to him and he can't get to the money for any reason be it the state, the city coming to make him move out. He's 66 and has no memory of EVER living ANY place else except for the 3 years he was married to my mom. He what's left his house by his parents and he has a will at his lawyers office leaving EVERYTHING to me, as I'm an only child. I guess I just really need a checklist of things I have to get done between now and then. A time frame to do a man and all this for dummies cuz I've never done this before in my life but all my life he took care of me and now I just want to do the very best I can to take care of my Daddy. Thanks in advance y'all 😁, from Indiana
You need:
1. Durable power of attorney for financial matters
2. Medical power of attorney for Dad's medical decisions
3. Will (done)
4. Possibly a trust if he has any other assets beyond his $35,000 and the house.
5. Bank powers of attorney. Again, if Dad is able, go to his bank with him, have him tell them without prompting that he wants you to have power of attorney for his accounts. Banks always seem to have their own power off attorney forms and don't like the one you had legally done by an attorney, so if you can do this with Dad in tow, that's a good thing. (Even better is to have him put you on his accounts as a joint owner. When he dies, the account automatically belongs to you with no tax implications.)
6. If he has a car, if he'd agree to add you to the title, that'll make selling it much easier. Be sure the ownership is listed as "Mr. Dad" OR "JCrane," not AND, because then you have to deal with either getting his signature to sell it if he's still with us, or producing a death certificate to prove he cannot sign. If it's and OR title, either one of you can sell it without the other's signature.
DO NOT put the house in your name until after he dies. You'll get socked with huge capital gains taxes, which are taxes on the amount between what Grandma paid for that house and what you sell it for. If you inherit the house instead, you'll get what's called a stepped-up cost basis, and you'll pay no taxes if you sell within six months or so after his death.
Don't sweat the repairs on the house unless it's unsafe for him to live there. Is he likely to live long with such poor lung capacity? What are your plans if he needs to go to a nursing home? These are things to discuss with the attorney.
Keep copious notes on EVERYTHING you do. I got a big spiral-bound school notebook and wrote down everything that went on every day with my dad when he got sick. I wrote down phone numbers, names, appointments, what the doctors said, documented trips to the bank, how much I spent at the grocery store -- everything. Make that your evening ritual -- write it ALL down. Trust me, it'll save your sanity to be able to off-load all that stuff every night, and once you've written it down, you know you can go back and refer to it again. I carried that notebook with me everywhere for months, and it became the book for Mom's care, too.
The notebook -- What a great idea. Thanks for explaining that.
Have you gotten Power of attorney for financial and medical matters?
If your father hasn't already made you his POA for his financial and healthcare decisions get that done with the lawyer and your father. It's better to have this done then to be appointed conservator/guardian by the court. There's no wiggle room when the court appoints because a person has to answer to them for every little thing. If you've got a POA done in advance, you can move money around and withdraw money for things like home repair without having to answer to the probate court for every little thing.
The lawyer who did his will can best advise you. Go and see him with your father.
Why would the city make him move out if he own the house? Is he not paying taxes?
Hope this helps.
Medicaid will place liens on the house to recover as much of the cost of care as possible.
Good luck.