Plan for your own future now as if dad is no longer living. If he is heading for Medicaid and they see these payments to you then he will be disqualified for a time as ( sort of) equal value to what he has been paying to you.
How can you be POA when it seems brother has all the control? What were you going to do if Dad died? At 95 in a NH he could pass anytime. Its time to look for resources to help you now. U would need to eventually anyway.
If the date next to your name is your birth year, then your 63 years old. You can collect Social Security, but you will only get about 75%. You can get help with electricity and heat thru the utility companie. Call your County Office of Aging and see what resources you can take advantage of.
As POA, you cannot use Dads money on yourself. As said, its a conflict of interest. His money now goes towards his care. If on Medicaid, he should have no money. Most States the asset cap is 2k.
You said that your father is in a nursing home, so I’m assuming that he is in a Medicaid SNF. If this is the case, then Medicaid will need to see how every penny of his money is being spent and they will question why he is paying your electric bill.
I am sure the state in which you live can help to pay your electric bill if you have low income. Check with your state to see what help you can get.
Jenny, Do you feel completely capable of doing POA work? Have you seen an elder law attorney to learn rules about "self enrichment" and have to learned to keep track of every penny into and out of dad's accounts, keeping files and etc? Your Dad's POA pays for this expert help. I feel you should make an appointment to learn rules, regulations and legalities.
If you are managing Dad's money that means he is no longer competent. And if Dad isn't competent he isn't able to make decisions about "giving money away". You cannot give his money away, even for bills, even to yourself.
Now, you don't tell us whether or not your Dad is living with you in your home. If so this all changes. You CAN go to the elder law attorney with your POA (again this is paid for by Dad's funds) and you can arrange a shared living expenses and fee for management contract. This will be legally drawn and will include such things as food for Dad, gas and light bills, rental or mortgage costs, transport to appointments, and a fee for doing POA record keeping.
It is crucial that you know your DUTIES and your RIGHTS in your own state. Operating as POA is a legal duty and held to the highest standards. You must know what you are doing and be fully educated about your duties. I found it a STEEP learning curve. Good luck.
IDK if you're managing his finances that taking some for your bills is wise or even legal. Being their financial POA and taking money from their account for your bills screams conflict of interest.
If the financial PoA mismanages your Dad's funds, he may not qualify for Medicaid, which he may need to cover LTC at some point. There is much to know about being a PoA. If you aren't up to it then consider resigning or accepting advice/guidance/help from your brother.
Are you disabled? Your Dad is 95 so you're way into adulthood yourself... not a child that needs support. Time for you to become independent.
Your dad's funds are not for your bills but for his. Your dad is living in a facility so the funds are to be used for that. If you are POA how is your brother dictating where your dad lives? As POA you should be the one making decisions UNLESS you are Financial POA and your brother is Health POA. Bottom line you are going to have to find a way to reduce your bills so that you can pay them. I guess the exception would be if you are living in dad's house then you must pay bills and maintain that property so that it can be eventually sold to either continue to pay for his care of after his death it would be sold to distribute among heirs. (Unless dad leaves you the house)
Who's "they"? Are your parents living with you? If so there's no reason they shouldn't be sharing household expenses, but it would be wise to set up a contract detailing this.
8 Answers
Helpful Newest
First Oldest
First
If the date next to your name is your birth year, then your 63 years old. You can collect Social Security, but you will only get about 75%. You can get help with electricity and heat thru the utility companie. Call your County Office of Aging and see what resources you can take advantage of.
As POA, you cannot use Dads money on yourself. As said, its a conflict of interest. His money now goes towards his care. If on Medicaid, he should have no money. Most States the asset cap is 2k.
ADVERTISEMENT
I am sure the state in which you live can help to pay your electric bill if you have low income. Check with your state to see what help you can get.
Do you feel completely capable of doing POA work?
Have you seen an elder law attorney to learn rules about "self enrichment" and have to learned to keep track of every penny into and out of dad's accounts, keeping files and etc?
Your Dad's POA pays for this expert help. I feel you should make an appointment to learn rules, regulations and legalities.
If you are managing Dad's money that means he is no longer competent.
And if Dad isn't competent he isn't able to make decisions about "giving money away".
You cannot give his money away, even for bills, even to yourself.
Now, you don't tell us whether or not your Dad is living with you in your home.
If so this all changes. You CAN go to the elder law attorney with your POA (again this is paid for by Dad's funds) and you can arrange a shared living expenses and fee for management contract. This will be legally drawn and will include such things as food for Dad, gas and light bills, rental or mortgage costs, transport to appointments, and a fee for doing POA record keeping.
It is crucial that you know your DUTIES and your RIGHTS in your own state. Operating as POA is a legal duty and held to the highest standards. You must know what you are doing and be fully educated about your duties. I found it a STEEP learning curve. Good luck.
Are you disabled? Your Dad is 95 so you're way into adulthood yourself... not a child that needs support. Time for you to become independent.
Your dad is living in a facility so the funds are to be used for that.
If you are POA how is your brother dictating where your dad lives?
As POA you should be the one making decisions UNLESS you are Financial POA and your brother is Health POA.
Bottom line you are going to have to find a way to reduce your bills so that you can pay them.
I guess the exception would be if you are living in dad's house then you must pay bills and maintain that property so that it can be eventually sold to either continue to pay for his care of after his death it would be sold to distribute among heirs. (Unless dad leaves you the house)