Help! Need advice on family property...

Hello suitors,

I just received a disturbing phone call from my father. My grandmother, who will turn 94 in two weeks, just went senile and is going into a facility with round the clock care. My father said the state of Texas said she will be cared for until the end. In the process, the property and home that she has had since the 1930's is going to become property of the state. Unfortunately, the meeting with the state attorney is tomorrow. My father doesn't know what to do. He believes in some of the truths I've been sharing with him, but is from the old school of thought and very resistant to change. I am still new to the game and do not know what to do. At the very least, I'd love to email a document to him to show the attorney. Something that would stall the process while I come up with a game plan. Anyone have any ideas?

Pleadingly,
Micha

Who is signing the paperwork?
Who has power of attorney over grandma's person and estate?

I would think that whoever has power of attorney will be calling the shots.

Keep her out of the facility. Examine what kind of insurance and Medicare/Medicaid benefits are available. At 84 you should have some idea based on her past care. I think it rare that she just went senile. But maybe it is a minor stroke that has made a major deterioration or something like that.

If you cannot keep her out of the facility then the automatic lien on the house will be difficult to prevent.

But here is the best approach. If she has to go into the facility then treat the State as an eleemosynary corporation and Grandma as an hieress to the original estate. If your father can manage to treat the State like Grandma is owed an entirely top-notch health care program - every last cent of it he may save that house in your estate. This means he will have to take every document home unsigned, you pore over every clause and strike through anything that says you will owe any money, and anything that even implies that any home owned by Grandma will be subject to lien or in any way support medical expenses. Leave only the things that work in favor monetarily and leave all liablilty in the State.

Got that? Now if they refuse to accept Grandma into the facility let's see what we can do for you. [You do realize that accepting legal advice from an Internet website is a bit beyond rediculous! So much so I do not even bother to make the doldrum disclosures and caveats.] The chance the State will reject Grandma's admission is about nil. Especially if she is already physically in the facility. I strongly suspect she will be treated like a queen compared to run of the mill admissions.

In a brief summary:

http://img28.imageshack.us/img28/4189/novation2010.jpg

Thanks Treefarmer and David. My father and I spoke at length and he is going to enter without a fight. Sigh... I wish people would wake up and stand up!

If 'without a fight' means that he will sign anything the State puts in front of him then I agree, sad. The family home registered to the State will probably be liened and lost to the State which otherwise could be held to account for the government bonds it has extracted from endorsers of private credit.

But keeping peace between father and son has a great deal of value.

Good morning David and Treefarmer,

I really appreciate you for taking the time to think about and respond to my post. It is refreshing to find there are caring and giving people out there.

No need for disclosures and caveats with me. I understand very well how ridiculous it is :)

Have a great week,
Micha

Hopefully your father will mitigate some of the liability and keep some of it with the state.