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My 100 year old mom lives in Oregon with my brother. He has recently filed with the state to become her guardian and conservator. She has lived in his house for two years. My mother calls me daily saying that she is afraid of him and wants to come "home" to die with me by her side. She says she does not want to die at my brother's house. She lived in her own home nearby me here in Arizona until she was 98, when she fell and broke her arm. It was not an option for her to live with me or in a home at the that time due to covid restrictions. I wish I knew what to do. I am 73 and am not able to drive up there to pick her up and even if I could she cannot live in my home. I do not have facilities for her or a room. A nursing home would be out of the question due to costs. But if she truly thinks she is going to die in a few days, like she says, I'm not sure if getting her all the way to Arizona from Oregon would be a good idea at this point. My brother claims she's "confused" and he told her he will not drive her to Arizona. I really feel awful and don't know what I can do to help.

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Margaret asked that someone explain the Miller Trust or in some States the Qualifying Income Trusts (QIT). Someone did say on the forum that not all States allow these trusts. I will use my State, NJ, as an example.

In NJ the monthy income cap for Medicaid LTC is a little more than $2300. Anything over that limit can be put in a Miller trust to meet the cap allowed. When the person passes, that Trust reverts back to Medicaid. An elder lawyer is needed to set this up. Needs to be someone who understands Medicaid Law.

You also need to meet other criteria like spending assets down to $2000. A house and car are exempt assets until death, then they become assets Medicaid can recover the money the put out. There is more to this that an elder lawyer can explain or a good Medicaid cadeworker.
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Skeets, please let us know what you find out.
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Hot-headed, unreasonable, flies off the handle.

You won't go to his house because you fear for your safety.

And your 100 year old mother is afraid of him because she is "confused"?

Um. Is your brother the only person in the house taking care of her?

IIf your brother still won't talk to you, I think you'd better call her local APS for advice. They should be able to access all the information they need about the guardianship application, they can talk to your brother, and they can talk to your mother.

When you visited in May, what were the issues that you felt needed addressing and that your brother refused to talk about to the extent of asking you to leave?
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cignal Aug 2022
yes if brother is prone to angry outbursts and mother only recently says she fears for her safety after living there 2 years, it is probably a combination of his poor temperament and her increasing dementia, which exasperates even the gentlest of souls. it sounds like he is blowing up more often because her behavior is becoming more and more frustrating. not a good combo.
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"I will not go back to his house as I fear for my safety."
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Contact the court clerk, ask to be copied with the filing documents because you are family. Then read the papers. You may be able to get the case number online. But with the help of an attorney, you might want to weigh in on the case. Ask the court clerk who is your Mother's attorney. (not your brother's attorney, if he has one.)

It may be that you need to hire a process serving company (not an attorney) that does court filings so they can mail the documents to you.

It would be a red flag if your brother did not mention your mother has a daughter, whether or not you can care for her, you are an interested party.

Oregon is known as a euthanasia state. I don't know about Arizona. Nevertheless, we all try to get our parents the basics of what they need, and safety is on that list.

If you are afraid of him, it seems to me that you (or someone else) have an obligation to get your mother to a safer place?

Some will say to call APS in Oregon, saying the elder prefers to come to Arizona and is afraid of her son.

There are many ways to get the facts without you having to do it yourself. That and your age should not stop you.

God Bless you and your Mother.

Call the court today is my advice. But don't panic, she has been living there two years-and nothing was done. This does not mean you have been negligent or failed in any way.

Do you think some kind of action is needed?

Sorry, these are just suggestions from a non-expert. I too am at a loss of what you can do.
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BarbBrooklyn Aug 2022
Send, euthanasia is not legal in Oregon. Or any other state in the US.
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Skeets, he certainly needs guardianship and conservatorship if he wants to apply for Medicaid for her and be able to use whatever assets and income she has to pay for her long term care (and she hasn't granted him, or is unable to grant him POA).

He also needs guardianship to be able to "force place" her in a Nursing Home, even if she doesn't want to go.

He may simply be doing the best he can in a bad situation.

I'm sorry he won't speak to you. It's good you can speak to her.

If she thinks she's "dying" in 5 days, I will again suggest that she's very confused and that something--a hearing or a placement is going to happen then.
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Sometimes the GS/CS procedures in Oregon are not so straightforward. Not all cases are automatically assigned legal representation for the respondent.

Here is some general information that might be applicable:

https://www.oregon.gov/oha/OSH/FRIENDS/Documents/DRO-Guardianship-Handbook(1).pdf

A good straight-to-the-point cooperative conversation with your brother might help give you direction as to what is 1) really going on (those with dementia can do and say whatever happens to be in their mind true or not) and 2) what is in the best interest of everyone involved.

If he won't do this, an attorney visit would possibly be the next best step. You can personally contest the GS/CS. It doesn't have to be your mother.
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Skeets, I'll tell you this: my mother said A LOT of things, A LOT, all the time. Most of them were not true. How in the world would your mother know that she 'has 5 days left to live'??? Your brother has said outright that your mother is confused and I would tend to believe him; the woman is 100 years old, to start with, and your brother is filing for guardianship and conservator meaning she's suffering from dementia or otherwise deemed incompetent for whatever reason. Which affirms what he's saying that she's 'confused'. WHY has he filed for guardianship/conservator for her in the first place? Get that question answered immediately!

This is not to say she's 'lying' and your brother is a saint; he may be arguing with her or some such thing and she's upset, with good reason, who knows? Is there some way you can fly to see her for a visit? That's what I'd do, w/o jumping straight into crisis mode based on her throwing a statement like this out there all of a sudden. If I had a dime for every statement my 95 y/o mother threw out there which turned out to be nothing, I'd be able to retire in Maui. I wound up having to dye my hair 2x a month instead of once based on all the things she'd conjured up over the years.

I'm sure you feel awful and helpless right now. What does your brother have to say about all this? Is he prone to anger? Does he have a history of flying off the handle and being a hothead? If not, again, your mother may be having delusions associated with dementia. Ask your brother exactly what's going on that he needs to get guardianship and conservatorship for her. Dementia can turn very ugly very quickly, especially at 100. And if she's having delusions, those can also be very ugly to witness.

Best of luck.
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Skeets Aug 2022
Thanks for your reply. I have considered all of your questions. I flew up to see my mom in May and was pretty much told to leave after two days by my brother. He is a hot head. He is unreasonable and does fly off the handle. I tried to talk with him to discuss his issues with me but he would just yell louder. This upset my mom terribly and of course it upset me. He will not talk to me. I cannot find out anything about why he wants conservator ship or guardianship. I will not go back to his house as I fear for my safety. But I do understand that at 100 things can go down quickly.
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Could someone in the US answer with details of that statutory trust that can take money just over the Medicaid limit, with recoup later if needed? It might help this situation.
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BarbBrooklyn Aug 2022
Margaret, Medicaid is different in EVERY state.

It is entirely possible that the OP's mom wasn't eligible in Arizona and IS eligible in Oregon.
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Based on your post the only option you should consider if you can is going to visit her since she has only 5 days left.

I am assuming you have talked to your brother.

Is this wanting to get out of brothers house and being scared of him talk new or has she been saying this for 2 years?
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Skeets Aug 2022
Relatively new. This past week she’s been very depressed.
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Skeets, in most states, there are provisions for eligibility for elders who need long term care in a facility to be made eligible for Medicaid, either through a Miller Trust or by spend down.

Did you ever consult an eldercare attorney?

Have you considered calling Adult Protective Services on your mother's locale and asking them to check on on her. She shouldn't be afraid of her caregiver.

A lawyer should have been appointed to represent her at the hearing. Do you know if she's met with that person?

If your brother won't communicate with you (why is that) maybe you need to take some action.
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Barb, I don't know if he's applied for Medicaid but when she lived near me two years ago she was over the financial limit due to her SS monthly payments. And I'm afraid it would take too long now to get her approved. She does need help with walking (though she can use a walker) and laundry, meals, etc.
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Would this be considered elder abuse? I don't want to overstep my bounds since I am not her caretaker.
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Skeets, is she not medically eligible? Or financially? Has brother applied on her behalf and turned down?

Long Term Care Medicaid has different qualifications than Community Medicaid.

There are also several waiver programs in Oregon.
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If mom is cognizant then she does not "need" a Guardian or Conservator.
If you can appear during the court case that would help her.
You have to be notified of the date and time of the case.
There is a possibility that Medicaid would help with Skilled Nursing facility if she needs it.
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Thanks for your reply Barb.
She does not know what is going on with the guardianship. She is not eligible for Medicaid. My brother is her temporary guardian.
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Call the local police where she is now and ask for a wellness check. Tell them you have reason to be concerned. They should take it from there and there should be no cost to you.
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MJ1929 Aug 2022
If the brother is filing for guardianship, I'd assume that means that Mom's cognitive abilities aren't intact.

With that in mind, DOES the OP have reason to be concerned and call in the police? That will cause a world of trouble for her brother that may be unwarranted.
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Welcome, Skeets!

Is it perhaps that the hearing is in 5 days?

With regard to NH costs, is she not eligible for Medicaid?

Has a Guardian ad litem been appointed for your mom as a result of the application for guardianship?
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