Monday, October 13, 2014


UPDATE:  My brother has Tricare - Medicare Parts A and B.  I just learned because his private doctor would not authorize a 3rd day in the hospital, Tricare denied the claim.  The doctor knew this, but refused to authorize a 3rd day in the hospital.  My sister-in-law who the doctor authorized three days will receive full Tricare benefits.  Tricare is the benefit my brother receives for his 25 years in the Army.

Because all of his money has been put into the name of his wife's daughter the nursing home cannot access it, and he has therefore been deemed indigent.  The daughter told me a few minutes ago that she went to the bank a few weeks and they told her she cannot remove her name from the account.  No one believes her.  I am going to have to head back and get a judge to order her removed from the account.  It is more money I should not have to spend, but what am I to do?  If the numbers are what I believe them to be, assuming I can find the big account, there is enough money for my brother to live in a nice room for a few years.  My sister in law's daughter was asking me if she can have the diamond rings, and I said no - they will be included in the inventory for the court.  They are worth about $12,000 and they need to be sold and the money put into the joint account.

Texas needs stronger laws to protect senior citizens from these predators.  I think a minimum of 10 years would send a message.  For now the burden is on me to hire an experienced probate attorney to fight for my brother and sister in law.  This system sucks


I do have a story today [I will post it after this]  - I have been on the phone all morning dealing with my brother.  It is sad that I really have no where to turn for help.  Adult Protective Services refuses all assistance.  It was three days of hell in East Texas.  My brother has been placed in a Medicaid bed at the nursing home.  No one could answer my question as to why?  They claim he is indigent.  With nearly $4000 a month in retirement from the military and social security, and what I know to be a nice nest egg, and Tricare Medicare Part A and B, I am confused.

I learned that sometime after my sister-in-law started to show the first signs of dementia, her daughter took her to the bank and had the account put in her name.  I have the bank statements and for months my brother's retirement has been deposited in my sister-in-law's daughter's account.  She denies any knowledge as to how this happened.  But her sister just called me and told me she did it because she was afraid there would be no money to take care of her mother.

This same woman's granddaughter grabbed my sister-in-law's purse and keys to the house and truck and refuses to return them.  Because my sister-in-law has dementia the police will not help.  My brother is too distraught to work with the police because he cannot believe they stole his money and now his house.  The police have requested we hire a lawyer to force them to return the keys to the house and truck.  If they move into the house, we may also then need an eviction.  I could not get my brother's stuff to move into the nursing home.  My sister-in-law also needs her stuff and no one can get it.  We literally have to wait for the court to act.  I tried a locksmith with no luck.  My brother is too upset to cooperate, and my sister-in-law has dementia.

I am waiting on the judge to call me so at least as to my sister-in-law the court can initiate an involuntary guardianship.  The daughter in Virginia is doing everything she can to help and I will agree that she should be the guardian.  We are going to ask that the court appoint me for my brother and the Virginia daughter for my sister-in-law.  My brother will do a voluntary guardianship with clear directions I am too cooperate with my sister-in-laws daughter and that all of the money be used only for healthcare and the liquidation of their real property.

Anyway I will be travelling a lot and will need to stay on this until everything is under control.  I will have no time to develop stories or do meaningful research - sorry.  Once I have it stable I will travel every other month.  It is 9 long hours, and about $500 for three days.  I cannot travel by myself so I must also pay for the hotel and meals for someone to accompany me.

The good news is, if I can get access to the house, my brother had already agreed to sell the house to a neighbor for the appraised value - so that is good. Now I just have to find a buyer for a 1998 Silverado truck.  With the exception of personal effects each may want, and the riding lawnmower, there is nothing of value in the house so we will trash it or sell it with the house.


Anonymous said...

Bobby, please do not post. Good luck with this situation. It is not easy for anyone involved dealing with this. FYI - supposedly in Texas for people to permanently reside in nursing homes they have to be indigent. If they are not, they may forfeit their cash and other assets to the nursing homes. I think there is a 5 year lookback on property sold. I hope this info helps.

BobbyWC said...

I posted your comment because it is helpful but incomplete.

If you can pay out of your pocket you can stay in a nursing home forever. I know for a fact if I can find the nest egg there is enough to keep them both in a nice nursing hope for two years. Once the money is gone, then they will have to accept Medicaid care.

But for the next two years I think it is best we spend every penny on quality care. My brother while not dying is ready to let go. He cannot walk. He has neurofibroma which has caused several strokes. He lives in diapers and cannot do anything for himself. He is ready to let go - in his mind he is ready. I am okay with that - he is happy and at peace as to his health condition. He is not happy that he has lost control of his home and money.

My sisterinlaw's daughter who lives there has told me she will oppose all medical procedures because it is just the doctors stealing the money. My sisterinlaw is bleeding and anemic and will not consent to the colonoscopy. She was admitted as dehydrated after her kidneys began to fail.

I see no reason why we should not get them quality care for the next two years while spending all of the money for the nursing home. When it runs out, then they will have to do a Medicaid bed. But I will be shocked if they live two years. Plus they have life insurance which can be used to help pay for more nursing home care once one dies.

The ex wife of her grandson actually told her while I was there that she was being shellfish to use the money on a nursing home when the money should just be given to her and her children. She was banned from the hospital immediately.

It requires a password created by the hospital to talk to her. This crazy woman was calling claiming to be family when she was not upsetting my sisterinlaw. So they had to create a password for three of us to be able to speak with her.

Bobby WC

Anonymous said...

God Bless You Bobby and God Bless Your Brother and Sister-In-Law. May they both receive the care they need and may you have all you need to assist them. Blessings to You & Yours.

Anonymous said...

Bobby, praying everything gets resolved soon.