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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11624
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I am the agent for my mothers P.O.A. She is going to a nursing

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I am the agent for my mother's P.O.A. She is going to a nursing home and she has an IRA. She must spend down her money before Medicaid will pay. Can I walk in to the Credit Union and get a check from her IRA made payable in her name to pay for her nursing costs. What if they don't release the funds for me to get the money to pay for the nursing home. She make $1,487.00 in Social Security but I won't be using that money until the IRA money is gone. I haven't gone to the Credit Union yet and I am afraid they might say No to my request for the check to close down the IRA accounts. I will have a letter from the doctor saying that she can no longer take care of herself and that she needs care 24 hours a day. Is this and the P.O.A. good enough to be able to get these funds otherwise I don't know what to do. Her traditional Medicare will pay for the first 20 days I hope and then the cost goes to $141.50 for skilled nursing for days 21-100. I needs a detailed answer without me having to go to an attorney. The problem with this Credit Union is that before I got Durable P.O.A. (mentally incapacitated), I was the sole beneficiary and my brother just made himself P.O.A. and took me off as beneficiary and made himself and my mother's two sisters beneficiary of her IRA's. I had to hire an attorney to get them off and me back on as beneficiary. Then she appointed me as her agent for her Power of Attorney. She signed all of these documents when she was lucid. Now she is totally incoherent and psychotic and needs to be in a nursing home/memory care center. The attorney drafted the P.O.A. to read that I would be able to handle all of her finances if she were to become incapacitated due to mental defect; in this case she has Alzheimer's that has advanced very quickly. So, back to the IRA. It was very hard to get the Credit Union to cooperate with me getting back on and that's why I had to hire an attorney. This attorney no longer represents my mother and we have no other attorney. I just need to access her IRA's to pay for her nursing home expenses. Do you think that I will have a problem doing this and if they refuse to cut a check for the remaining balance payable to my mother so I can deposit into her account (I am a signer and I am on her account) to pay the nursing bills? If they don't do this, what do I do to get them to give me the money to pay for her nursing home care?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

Q. Does the Durable Power of Attorney which names you your mother's "Attorney-in-Fact" specifically recite that you have power over all of your mother's finances and to pay her bills ?

Customer: replied 1 year ago.

Where is the answer to my questions????

Customer: replied 1 year ago.

I am not sure about that.

Customer: replied 1 year ago.

It says "withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution.

Customer: replied 1 year ago.

It says that I can withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution. Is this what you are looking for?

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Debbie,

 

That is exactly what I was looking for. Since the Power of Attorney gives you that power and authority, then the credit union should not give you any problem if you go there with the original Power of Attorney and the doctor's letter. Actually, holding a Power of Attorney, you should be able to withdraw as much as is needed, and the entire amount, if necessary, but bring the doctor's letter with you. The credit union should not give you any trouble at all. If they try to give you any trouble, the best thing I can tell you is do not look as if they have intimidated or scared you. Stand firm and stand your ground because you have every right to be there and every right to withdraw the money that your mother needs to spend down in order to have your mother properly taken care of by the nursing home.

 

If, after showing them the Power of Attorney and the letter from your mother's doctor, the Credit Union refuses to give you your mother's money, you should immediately file a lawsuit against them. You will need an Attorney for this because you don't want to make any mistakes and time is of the essence at that point. You will ask the Attorney to ask the Judge to award him or her Attorneys' Fees because they are the ones who forced you to go to Court to assert a right you already had. I do not think it will come to that because Powers of Attorney are used every day and have become very common place,

___________________________________________________________________

 

If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11624
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Dear Andrea,


 


Thank you so much for your answer. The attorney for ACU Credit Union gave me some trouble at first but when the lady told him that the Attorney we hired came in there with my mother and had the employee of the credit union notarize all of the documents, I was able to get a check cut in the amount of $4, 560.00 for her nursing home care for 1 month. Thank you so much for your response!!!

Expert:  Andrea, Esq. replied 1 year ago.

You are very welcome, Debbie, I am glad I was able to help. Thank you for the Excellent Service rating, I appreciate it greatly,

 

Actually, the Attorney should not have given you any trouble at all because that is why people execute Powers of Attorney - so that they can have someone they trust take care of their affairs when they cannot. The Attorney had no right to try and give you any trouble at all to begin with.

 

If you have any questions in the future, please feel free to direct them for me by typing my name at the beginning of your question , like this,

 

 

"For Andrea only .......... "

Thank you for allowing me the opportunity to be of assistance,

ANDREA

 

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