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Alexia Esq.
Alexia Esq., Managing Attorney
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My sister is 63, her husband 67. They have only his social

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My sister is 63, her husband 67. They have only his social security from a working life of middle management, and they live in an apartment. Unfortunately, she has temporary physical problems, and he is becoming ill at the same time. His sister wants to move him into a home, close down the apartment, and drop my sister's things off at my house so she can live here when she gets out of the hospital. This couple does not want a divorce. My sister has no means of income apart from her husband, and I certainly cannot feed her. What should I do?
Submitted: 3 years ago.
Category: Legal
Expert:  Alexia Esq. replied 3 years ago.
Hi,

I'm so sorry for your dilemma. Are your sister and her husband mentally competent? Is it NOT possible for him to move home when he leaves the hospital?
Customer: replied 3 years ago.

Sorry for taking so long to reply. My sister and her husband are both mentally competent. The nursing home my sister is in wants me to be her power of attorney. Does that mean I will be responsible, somehow, for her after she leaves the home? What are the reasons, good or bad, for the nursing home wanting me to have power of attorney? I looked over the papers she signed when she went in, and she seems to know more about how things work than I did.

 

Your second question: no, when he leaves the hospital he will go to a rehab facility, for we don't know how long, because he has colon cancer now.

Expert:  Alexia Esq. replied 3 years ago.
Hi, nice to see you back, although I am sorry for the plight of all concerned here.

With regard to your post.


My sister is 63, her husband 67. They have only his social security from a working life of middle management, and they live in an apartment. Unfortunately, she has temporary physical problems, and he is becoming ill at the same time. His sister wants to move him into a home, close down the apartment, and drop my sister's things off at my house so she can live here when she gets out of the hospital. This couple does not want a divorce. My sister has no means of income apart from her husband, and I certainly cannot feed her. What should I do? Obviously you feel you can not feed her, it may not be wise to take her in.

However, here is something the couple may want to consider:
1) When your sister's physical problems have resolved, can she get a job? She is only 63 after all. I realize she may not have a significant work history, but perhaps looking to employer's who hire seniors may be a possibility.

2) Has she applied for Spousal benefits based on her husband's work record? She is old enough. If she could wait til her full retirment age, and she is NOT widowed, she would get 50% of his benefit, generally. If she takes her spousal benefit early, like now, she'd only get about 35%. Can she support herself on that, could you live with you then? When he passes (and I am sorry to refer to that) she can then convert to WIDOW's benefits, which will be based on 100% of his benefit, but discounted if she starts her spousal benefits before full retirment age, so somewhere above 70% of his full benefit (the longer she can wait, the more she gets).

What do you think?

I hope this helps.

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Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11785
Experience: 19 Years of Legal Practice Experience in this precise field.
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Alexia Esq.
Alexia Esq.
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19 Years of Legal Practice Experience in this precise field.