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If someone is POA for his mother who has dementia, can he…

Customer Question
If someone is POA...

If someone is POA for his mother who has dementia, can he gift her children $14,000, legally?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Indiana, and all paperwork giving Power of Attorney to her son have been filed. Actually, the bank setup an account wrong and both names appear on the account. He was told legally, that money is equally both of theirs.

Lawyer's Assistant: Has anything been filed or reported?

All paperwork to setup power of attorney have been filed with her attorney

Submitted: 8 months ago.Category: Legal
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Answered in 4 minutes by:
12/12/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,074
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Yes, assuming that the mother has expressed that these are her wishes or mother has shown a pattern of similar gifting, the POA can continue to do so.

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However, the POA would want to make sure that they don't run afoul of any Medicaid eligibility if that is a possibility for mother to have to apply for benefits within the next 5 years following any gift for long term care.

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thanks

Barrister

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Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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