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I wanted to ask then, of the attorney, so that I understand: My husband and I have formed a revocable trust, into which our assets have been placed. We are each other's trustee and POA, with our son as our executor as well as POA (back up) for both of us. If I understand correctly, the POA for a trustee may act as basically, then the trustee. Is that correct?
The agent under the Power of Attorney has no control over assets that are not in your dad's sole name. Since the house is titled in the name of the trust, the agent has no control over the house: only the trustee of that trust has such control. The trustee must follow the terms of the trust regarding what he or she may or must do to pay out any of the trust income or assets to or for the benefit of your father; this includes the possibility of selling the house if need be. However, such decision would be solely that of the trustee and not the agent under the POA.
If the care you provided has been medically necessary the house can transfer to you if you provided that care for a period of two years. In my Mom's case her trust requires that her care be paid for first then remainder of assets are split at the time of her death. In order to transfer the house to you, it would have to be removed from the trust first.
We are not the ones to answer this question. Seek the advice of a elder affairs attorney. Cover all questions you have about wills, not leaving a will, POA, DPOA;s, types of trusts, and have the necessary HIPAA releases so you can get answers
Depends what kind of trust it is, I suppose. A land trust? It's still dad's. He still controls it, owns it, pays the taxes on it, etc., etc. More than likely that's what he's got. He's called "the principle beneficiary" of the trust. You're callled "the contingent beneficiary" of the trust. And it's not your house, by the way. It would be unusual for people to have other kinds of trusts, but it might be. You need an attorney to decipher it.
If it's a land trust, dad's POA can sell the house (if dad agrees or is incompetent), and you get nothing.
Stressed52 is spot on in her answer to you Mira. I'd like to add that you should try to get copies of all legal on the house (everything that is filed on the property and recorded at the courthouse) and the trust document, then see an attorney. The POA one, well that the POA does not have to provide unless you are in a state (like MS) which requires POA's to be filed at courthouse and the family has actually done that!
I am Power of Attorney for my mother, in her trust it stated that the house was to go to all three of us. In your Dad's trust was there only one home or more than one? Is the Power of Attorney a sibling or an attorney/3rd party?
If I had to guess, I would say that there was one home that probably belonged to your father at one time or still does. You reside in the home now, but your father gave the home to you within his trust. You are now being told by the Power of Attorney that they plan on selling the house to either pay for his continuing care or pay outstanding bills.
In my instance I am on disability and I cared for my ill mother for 8 years, therefore I qualify to keep my mother's home even if she should have to go on Medicaid to pay for a nursing home. I have to be honest that your absolute best bet is to go and see an Elder Law Attorney to get the final say so on what is legal and what is not.
Honestly, you really do not "inherit" anything until your parent dies. The Power of Attorney is saddled with the responsibility of making sure that your Dad is taken care of until he dies and pay for the care he requires. If the POA has the ability to do this without having to take your home and sell it, then they should do that and leave the home for you. The problem is that during these stressful times, tempers run high and siblings fight over the estate or what to do. If you do not have a good relationship with the POA, I would think that you could wind up without your house....out of spite. The thing is there has to be a very good reason in my mind to need to "sell" your home to care for Dad. If the POA just wants the house for them-self that can't happen due to his trust.
Bottom line.....get an attorney. They can give you the legal answers which will put your mind at ease.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The trustee must follow the terms of the trust regarding what he or she may or must do to pay out any of the trust income or assets to or for the benefit of your father; this includes the possibility of selling the house if need be.
However, such decision would be solely that of the trustee and not the agent under the POA.
See an elder law attorney.
If it's a land trust, dad's POA can sell the house (if dad agrees or is incompetent), and you get nothing.
If I had to guess, I would say that there was one home that probably belonged to your father at one time or still does. You reside in the home now, but your father gave the home to you within his trust. You are now being told by the Power of Attorney that they plan on selling the house to either pay for his continuing care or pay outstanding bills.
In my instance I am on disability and I cared for my ill mother for 8 years, therefore I qualify to keep my mother's home even if she should have to go on Medicaid to pay for a nursing home. I have to be honest that your absolute best bet is to go and see an Elder Law Attorney to get the final say so on what is legal and what is not.
Honestly, you really do not "inherit" anything until your parent dies. The Power of Attorney is saddled with the responsibility of making sure that your Dad is taken care of until he dies and pay for the care he requires. If the POA has the ability to do this without having to take your home and sell it, then they should do that and leave the home for you. The problem is that during these stressful times, tempers run high and siblings fight over the estate or what to do. If you do not have a good relationship with the POA, I would think that you could wind up without your house....out of spite. The thing is there has to be a very good reason in my mind to need to "sell" your home to care for Dad. If the POA just wants the house for them-self that can't happen due to his trust.
Bottom line.....get an attorney. They can give you the legal answers which will put your mind at ease.