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Here's the reason for my question...
Wifey has brother, Gary, that is in an adult foster care home. I think he's 67, give or take a year. It's about as nice as a place like this can be. Large house with five bedrooms I believe, large dining area, living room and kitchen. Over the years residents kind of come and go every few years. Sometimes there will be only two, beside brother and sometimes five. The place is run buy a Filipino family. Nicest, sweetest gals you'd ever meet.

Brother Gary had a motor cycle accident when he was in, guessing here, in his early 30s. He has brain damage from the accident. He's functional to an extent with help from a hand full of pills everyday to regulate him. Seizures are the biggest problem, but they are controlled. There are some behavior issues that need watching. Wifey has total control over Gary's bank account and what ever medical decisions need to be made.. He's on social security disability and receives money into a personal account.

Wifey is responsible for paying Gary's bills. She writes three checks a month. One check goes to the state, and two checks got to the foster home. The three checks are in the neighborhood of 1: $1300.00. 2: $500.00. and 3: $700.00. The bigger check goes to the state for gay's rent, that I presume the state pays and that is Gary's portion.
This letter that came from DHS is stating that there no longer needs to be a check written to the foster care home for the $500.00 amount each month. When Wifey called DHS to see what this was about she talked to a nice gal that informed her that DHS has received some sort of "Grant" money. Presumably from the feds.

This sounds good, yeah? The problem is, Gary can't have over a certain amount of money in his account and still receive Gov dollars/social security disability. Every year or two the state, Gary's case worker, will call Wifey up and let her know she needs to spend a chunk of Gary's money because he has too much. Last year the amount was around $1,200.00. It was difficult to figure out what to spend it on. We spent his money on an adjustable bed. Gary doesn't need anything. He gets any new clothing ,shoes personal items he needs. He does nothing but putter around the house and watch TV. Wifey took him on a three day road trip a few years ago on HIS dime to use the money that needed to be used. That turned into a less than enjoyable experience because of Gary's behavior issues.

What seems to have happened here is the state or the feds think they're doing people a favor by eliminating this cost for families. In this case it means big trouble because we don't see a way of using up the extra $6,000.00 a year! The gal at DHS only had the suggestion of spending more money on Gary. I suppose we should look to see if there's a more expensive home we could move Gary to. I kind of hate to do that though as he's been at this home for around ten years. After he became a little harder to deal with at the last home.
Hookers & blow are out of the question. Not that Gary wouldn't go for the first one. That's been part of the problems he's had.

Just wanted to see if anyone else might be dealing with this.
 
Suggest you consult a CPA or a tax attorney. Use Gary's money to pay the fees. That will burn some of it. They may be able to set up some sort of alternative arrangement or find some loophole that will solve your problem.
 
Suggest you consult a CPA or a tax attorney. Use Gary's money to pay the fees. That will burn some of it. They may be able to set up some sort of alternative arrangement or find some loophole that will solve your problem.
That's a possibility. I guess it's possible that the gal the the wife talked to at DHS wouldn't know about that. But if brother can't have assets over a certain amount, I don't see how anything set up wouldn't be considered assets. I guess we could check and see if Wifey could donate the money to some non profit? In his name of course.
 
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It can't hurt to seek professional advice, especially if it's not going to cost you anything. It would be for his benefit, so I'm fairly sure you could use his money to pay for it. Some attorneys even offer free initial consultations, so you could certainly find out. I'm thinking maybe he could gift some money to a trust set up for a niece or nephew, so it wouldn't be his assets, or something like that. But I stayed at home last night, not at the Holiday Inn, so I don't know for sure. However, having worked for the state for 10 years, what I do know is, you can't expect the average state employee to know every aspect of the law.
 
It can't hurt to seek professional advice, especially if it's not going to cost you anything. It would be for his benefit, so I'm fairly sure you could use his money to pay for it. Some attorneys even offer free initial consultations, so you could certainly find out. I'm thinking maybe he could gift some money to a trust set up for a niece or nephew, so it wouldn't be his assets, or something like that. But I stayed at home last night, not at the Holiday Inn, so I don't know for sure. However, having worked for the state for 10 years, what I do know is, you can't expect the average state employee to know every aspect of the law.
Good points. Talking to a money person, maybe our tax gal. Our tax gal retired, tomorrow, and has recommended another person, thankfully. RE: The family. No one talks to Gary but the Wife. And none of the other two brothers talk anyone else. Families SUCK.

To me it seems the GOV gives him money to live. The GOV decides how much money he's allowed to have. The GOV increases how much money he gets. When he ends up with more money than what the GOV allows, they contact you and tell you you have to spend the extra money the GOV gave him.
This reeks of biden incompetence!
 
Seek professional services.

Alternatively, maybe think about a donation he can make to nonprofits that have helped him on his journey or pay for an upgrade at the home he is in. Of course check with an accountant first.
 
Seek professional services.

Alternatively, maybe think about a donation he can make to nonprofits that have helped him on his journey or pay for an upgrade at the home he is in. Of course check with an accountant first.
Interesting idea. I don't think anyone has helped him on his "Journey" since Wifey and I came together back in 1987. He'd been in various homes over the years. Getting more difficult/needing more care/supervision, as time went on. Maybe someone higher up at DHS would be able to assist in where extra money could go, and stay legal. I thought it was weird that Wifey could take him on a three/four day road trip and Gary's money covered the whole thing. Gas, motels, meals, souvenirs!
 
Interesting idea. I don't think anyone has helped him on his "Journey" since Wifey and I came together back in 1987. He'd been in various homes over the years. Getting more difficult/needing more care/supervision, as time went on. Maybe someone higher up at DHS would be able to assist in where extra money could go, and stay legal. I thought it was weird that Wifey could take him on a three/four day road trip and Gary's money covered the whole thing. Gas, motels, meals, souvenirs!
Could also charge Gary a fee for Wifey's services or get extra services at the home that had maybe already been given free of charge but now can help out the nice family caring for him.
 
I think he's 67, give or take a year.

He's on social security disability and receives money into a personal account.

The problem is, Gary can't have over a certain amount of money in his account and still receive Gov dollars/social security disability.
Your dilemma may already or soon be solved. According to the SS website, when he reaches full retirement age (66 or 67 depending on his year of birth, check SS website) his disability benefits automatically convert to regular retirement benefits. I would think this wouldn't be a problem after that, as there are no asset limitations on collecting regular SS benefits. But this is a question for the Social Security Administration. I would give them a call and see what they say. They would be better informed on a federal program than a state employee normally would, or one would hope so at least.

"If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same."

 
Good points. Talking to a money person, maybe our tax gal. Our tax gal retired, tomorrow, and has recommended another person, thankfully.
If your tax gal is a CPA, you might get good info, but if she is just a tax preparer, I wouldn't expect her to know much about it unless she has a history of preparing the tax returns of SSDI recipients.
 
Here's the reason for my question...
Wifey has brother, Gary, that is in an adult foster care home. I think he's 67, give or take a year. It's about as nice as a place like this can be. Large house with five bedrooms I believe, large dining area, living room and kitchen. Over the years residents kind of come and go every few years. Sometimes there will be only two, beside brother and sometimes five. The place is run buy a Filipino family. Nicest, sweetest gals you'd ever meet.

Brother Gary had a motor cycle accident when he was in, guessing here, in his early 30s. He has brain damage from the accident. He's functional to an extent with help from a hand full of pills everyday to regulate him. Seizures are the biggest problem, but they are controlled. There are some behavior issues that need watching. Wifey has total control over Gary's bank account and what ever medical decisions need to be made.. He's on social security disability and receives money into a personal account.

Wifey is responsible for paying Gary's bills. She writes three checks a month. One check goes to the state, and two checks got to the foster home. The three checks are in the neighborhood of 1: $1300.00. 2: $500.00. and 3: $700.00. The bigger check goes to the state for gay's rent, that I presume the state pays and that is Gary's portion.
This letter that came from DHS is stating that there no longer needs to be a check written to the foster care home for the $500.00 amount each month. When Wifey called DHS to see what this was about she talked to a nice gal that informed her that DHS has received some sort of "Grant" money. Presumably from the feds.

This sounds good, yeah? The problem is, Gary can't have over a certain amount of money in his account and still receive Gov dollars/social security disability. Every year or two the state, Gary's case worker, will call Wifey up and let her know she needs to spend a chunk of Gary's money because he has too much. Last year the amount was around $1,200.00. It was difficult to figure out what to spend it on. We spent his money on an adjustable bed. Gary doesn't need anything. He gets any new clothing ,shoes personal items he needs. He does nothing but putter around the house and watch TV. Wifey took him on a three day road trip a few years ago on HIS dime to use the money that needed to be used. That turned into a less than enjoyable experience because of Gary's behavior issues.

What seems to have happened here is the state or the feds think they're doing people a favor by eliminating this cost for families. In this case it means big trouble because we don't see a way of using up the extra $6,000.00 a year! The gal at DHS only had the suggestion of spending more money on Gary. I suppose we should look to see if there's a more expensive home we could move Gary to. I kind of hate to do that though as he's been at this home for around ten years. After he became a little harder to deal with at the last home.
Hookers & blow are out of the question. Not that Gary wouldn't go for the first one. That's been part of the problems he's had.

Just wanted to see if anyone else might be dealing with this.
Had my folks in foster care here in Portland until they passed away recently. We only wrote a single check to the foster house company each month FWIW.

My suggestion would be to contact Garvin Reiter an elder care/estate planning attorney in Portland. I highly recommend him. Worth paying for an hour of time to see what u can and can't do. He helped us tremendously in walking through the Medicaid minefield. Extremely knowledgeable and smart person (and nice, which is rare for an attorney).

I'm not sure if Medicaid applies to your brother's situation but if so the feds/state can and will go after anything they can after he passes, unless the asset is in an exempt category (a boat is not Fe, but one vehicle is). It sounds like it may not be a big deal though in your brother's case in terms of asset protection.

Also u might check into can you pay into a pre-paid funeral costs program. I would guess no?, but just a thought. If u could offset some of the after death costs u know u will have by using $ u have to spend now that might be good. Also probate costs can be spendy if u have to go through probate.
 
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Had my folks in foster care here in Portland until they passed away recently. We only wrote a single check to the foster house company each month FWIW.

My suggestion would be to contact Garvin Reiter an elder care/estate planning attorney in Portland. I highly recommend him. Worth paying for an hour of time to see what u can and can't do. He helped us tremendously in walking through the Medicaid minefield. Extremely knowledgeable and smart person (and nice, which is rare for an attorney).

I'm not sure if Medicaid applies to your brother's situation but if so the feds/state can and will go after anything they can after he passes, unless the asset is in an exempt category (a boat is not Fe, but one vehicle is). It sounds like it may not be a big deal though in your brother's case in terms of asset protection.

Also u might check into can you pay into a pre-paid funeral costs program. I would guess no?, but just a thought. If u could offset some of the after death costs u know u will have by using $ u have to spend now that might be good. Also probate costs can be spendy if u have to go through probate.
He has nothing but the clothes on his back. I don't know when he ever had anything? Well, the spendy bed we had to buy him a year or so ago because he was going to go over the amount he was allowed. He was messed up with marriages and drugs/booze after a long painful semi recovery after the accident is what I believe happened. For a long time he has been a child of The State of Oregon. His funeral expenses are all taken care of. I don't know about Medicaid? I'd say no. We never get anything from Medicaid, just the state.

Janes family was pretty messed up in the later years. Mom died after spending years babying Gary after the accident and pretty much ignoring the rest of the family. Dad turned alcoholic. And Gary went weird after his recovery. So yeah, he's a child of the state is the way I see it.

Thanks for taking the time to respond.
 
Ask DHS to put you in touch with a patient advocate or social worker. They should be able to help you navigate this.
LOL, his "Case Manager" is who wifey talked to. She suggested we buy him stuff with the extra money. :rolleyes: The thought crossed my mind to get on designer clothes web sites and go crazy. That's crazy. Rodeo Drive? This bubblegum twists my brain.
 
Good points. Talking to a money person, maybe our tax gal. Our tax gal retired, tomorrow, and has recommended another person, thankfully. RE: The family. No one talks to Gary but the Wife. And none of the other two brothers talk anyone else. Families SUCK.

To me it seems the GOV gives him money to live. The GOV decides how much money he's allowed to have. The GOV increases how much money he gets. When he ends up with more money than what the GOV allows, they contact you and tell you you have to spend the extra money the GOV gave him.
This reeks of biden incompetence!
Sadly there seems to have never been a more incompetent complex set up than government. While they are screwing things up they pay an army of people to screw things up. Then come along and check and see how badly it was screwed up and tell someone else to then "fix it". 🤬
 

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