Elder law

Can joint assets be transferred to the healthy spouse and still qualify for medicaid home care or nursing home care?

Asked in NY May 21, 2022

Tag:

Elder law

# 1,121

Can a daughter that is a notary be able to make their father Power of attorney over their grandmother's estate? Also if the Grandmother was not able to speak or sign any papers due to bad health and fingers not bendable. Also the Grandmother had two other living children at the time is this against the law?

Asked in VA May 21, 2022

Tag:

Elder law

# 1,122

my mother-in-law recently came to live in our home after breaking her knee and she now has a full leg cast. My question is because she also has dementia and gets very confused and has a very bad memory. My biggest problem is that over the years her daughter has gotten where she controls most everything so far as her mother is concerned. I think the daughter is finally understanding her mother cannot continue to take care of herself. She is currantly staying with us however because of past problems I'm just just about any future problems that I don't want to have. Is there any type of paper we might get to protect ourselves for just in case? I'm just worried that her daughter might try something after we change our lives and home to accomadate her and have nothing in writting to protect us.

Asked in CA May 21, 2022

Tag:

Elder law

# 1,123

how to declare a parent incompetent in maryland. My father is living in a house that is falling apart holes in the floors and ceiling and he is getting notices from the city for violations. He wont move nor will he let me or my mother fix the house up. Water dosent work and the floor in his bathroom is droping. We want him to move into a seniors home because he is elderly and has health problems. He has been hospotilized 3 times in the last year. what can we do.

Asked in MD May 21, 2022

Tag:

Elder law

# 1,124

My mother in MA has temporary court appointed lawyer as guardian/conservator.
The Judge did not want to appoint my sister, mother wants my sister or me.
How can I qualify as guardian at pre-trial hearing? I live out of state but will go to hearing.

Asked in MA May 21, 2022

Tag:

Elder law

# 1,125

My father is elderly and dieing of cancer. He wants to give his children and grandchildren $10,000.00 each for Christmas. When his health declines and needs to be placed in a Nursing Home, and the remainder of his money is exhausted to pay for the nursing home, does the government have to right to request the gift money he gave out returned.

Asked in NJ May 21, 2022

Tag:

Elder law

# 1,126

Regarding my mother's house that is now in mine and my sister's name - since mom is now in a nursing home and the state of NY is taking the rent mom was collecting from her house, can the state take the house at any time before or after her death claiming that the rent money is not adequate? She has a life estate on the house until she dies. I ask this because she tells me that I and my sister are responsible for any and all the bills because we own the house not her. I think she owns the house and it only becomes ours at her death. Either before or after her death could the state have any attachments on the house for any reason? I appreciate your answering my questions. This whole thing was recently sprung on me and I find it very confusing. Thank you.

Asked in NY May 21, 2022

Tag:

Elder law

# 1,127

Will my parents documents, will, power of attorney, health directives, drawn up in Indiana, still be legal if they move to Ohio

Asked in OH May 21, 2022

Tag:

Elder law

# 1,128

I need a form that gives rights to the husband of a Alzheimers patient to be able to help with Heath issues, and guardianship of her. He has run out of $$ and needs to be able to get some $$ from a Company that she has in her name for her life insurance. That $$ needed for her care in a nursing home.

Asked in VA May 21, 2022

Tag:

Elder law

# 1,129

My grandather died oct 2004. My grandfathers guardian was also the exector, who hasn't finish probate. The guardian has my grandfather who was declared incapaciated sign his home so she would be soul survirorship upon his death. My mother found out a year after his death about the deed and that a mortgage was also take out in my grandfathers name. Has the statute run out involving fraud and elder abuse? My grandfather was the ward of New Hampshire and the judge issued a bench warrent for the guardian in NH, but since the property was in New York he couldn't do anything because being in another state.

Asked in NY May 21, 2022

Tag:

Elder law

# 1,130

My mother is in a board and care facility, and (of course), is not going to live forever. About 5 years ago, when she was still in her right mind, she and I filled out an Advance Directive for the hospital that she is always going to. My brother began taking a more active role in her care last year- taking her to the doctor, etc.- and now has decided that he doesn't like me and won't contact me.
My question is- if the hospital admits her and decides that death is imminent, will they still honor the directive and call me? I am listed as the first contact.

Asked in CA May 21, 2022

Tag:

Elder law

# 1,131

My mother is in a skilled nursing facuilty for therapy after a stroke. She is doing alot better and my mother and step father both want her to come home. The faculity wants her to stay the whole 120 days. My step father has her power of attorney. Can he take her out of the facuily at any time?

Asked in VA May 21, 2022

Tag:

Elder law

# 1,132

HELP!! I had power of attorney on both my parents in 2001. My sister managed to do another power of attorney in 2008 called dual power attorney. My father passed away almost one year ago leaving my mom an inheritance. Since then my sister stuck my mom in a nursing home because she claims she could not handle her which she is not ready for because she can walk, shower, go to the bathroom knows her name, president, birthdate, etc. Went to the nursing home my mom is crying wanting out and to live in an assistant living facilty near me where they speak her language and my sister has given orders at the nursing home that I can't take her out not even to lunch or transfer. Mind you she lives 6 minutes from her and has not come to visit her only calls her to abuse her and tell her shes not coming out that she has total control of her. How can I over turn that power of attorney and get my mom out? That nursing home is for people who are dying. She's the only one that can walk, eat, etc. on her own. I think what it comes down to is she has spent her money and wants to make sure she keeps all the money. I don't want a penney just want her moved near me and the court to appoint someone for her finances. Doesn't she have rights? Can't I take her out even though the home says I will be arrested. I would think you would not care where your mom lives as long as she is being taken care of. Also how can my sister have power of attorney when she herself is on disabilty for mental issues? My mom sits outside al day with no one to talk to and cries to please get her out of there. What can I do please help me.

Asked in FL May 21, 2022

Tag:

Elder law

# 1,133

I have been my mom's caretaker for 30 years. We live in Florida. We had a big argument about her will. I said things I shouldn't have and we didn't speak for a month. I get this letter from her attorney saying, im not the POA anymore because I abused my power and that I took $50,000.00 from her accounts! (lie) It came with a quit claim deed for me to sign over her condo, (i'm on the deed) and if I do, then they won't take action against me. I feel this is extortion. I know my brother is behind this! This all started also because weeks before, I suggested she look into an assisted living facility, because she constantly falls. Her aide (was only there 2 times a week) and my brother were against me on this. My brother doesn't live in Fla and never did. My mom will not talk to me and changed her phone # after my boyfriend called her to patch things up. I want to speak with my mom again, but im also hurt and because of this atty letter. Some people feel I should forget my emotions and protect myself legally, because this is extortion and that I maybe see the State Attorney! Im torn!! She is 90 years old! If I consult a regular attorney, which kind (specialty) do I seek. Thanks

Asked in FL May 21, 2022

Tag:

Elder law

# 1,134

My dad has Parkinson's disease and other health problems . He's coherent but has trouble walking and little speach slur. Anyway my parents made a living will years ago make my sister and I the responsible ones for taking care of things if things happened. out of 5 kids. Well things are rapidly happening and he might be forced to goto a nursing home within 3 months.. I want to know what we should do to prevent the nursing home from taking their lifes saving and assets. they own 2 homes and my mom would not need to be in a home she still works part time at a school lunch room couple hours a day at 74 years old. so i don't want them to take everything from her. Not least our inheritance after both past away.

Asked in IA May 21, 2022

Tag:

Elder law

# 1,135

My mom is progressing fast with the symptoms of dementia, I am her oldest son residing in the state and country for that matter. What can I do to be able to handle her affairs financially and medically?

Asked in MI May 21, 2022

Tag:

Elder law

# 1,136

My husband has become mentally unresponsive due to a stroke and I have been advised by his doctor that this will be his permanent condition. Since we were unprepared for this, there is no one designated with durable power of attorney. How can I transact financial matters that require his or both of our signatures.

Asked in NJ May 21, 2022

Tag:

Elder law

# 1,137

my mother was admitted to arcadia methodist hospital 2008 with a bed sore. while finding a vien for an iv the nurse broke her arm. they put ace bandage on it. sent her to foothill nursing in glendora ca. where it eventually the arm turned black with puss comming out.she was in constant pain. they over medicated her. she died of a heart attack 5 weeks later. they did nothing for her arm. do i have a case.do. then if i like the answer give me a local lawyer by duarte ca. 91010

Asked in CA May 21, 2022

Tag:

Elder law

# 1,138

Can a person who acts as power of attorney be paid for her services. I am power of attorney for my brother who is incapacitated and it is taking much more time than I anticipated. Can I be paid for my time?

Asked in FL May 21, 2022

Tag:

Elder law

# 1,139

My Grandmother went into a Rehabilitation center, her husband left her. Her oldest son is bankrupt / unemployed and living in Canada, Her youngest son is dying of liver failure and on disability. I was appointed her medical / legal power of attorney many years ago, by her choice. Now the Rehabilitation center is asking me to pay a debt that I can not pay, nor do I feel I am responsible for. What can I do legally to get the rest of her family, her estranged husband, and or her sons to help with this debt?

Asked in TX May 21, 2022

Tag:

Elder law

# 1,140

Questions on

Can joint assets be transferred to the healthy spouse and still qualify for medicaid home care or nursing home care?

My mother in MA has temporary court appointed lawyer as guardian/conservator.
The Judge did not want to appoint my sister, mother wants my sister or me.
How can I qualify as guardian at pre-trial hearing? I live out of state but will go to hearing.

Will my parents documents, will, power of attorney, health directives, drawn up in Indiana, still be legal if they move to Ohio

My mother is in a skilled nursing facuilty for therapy after a stroke. She is doing alot better and my mother and step father both want her to come home. The faculity wants her to stay the whole 120 days. My step father has her power of attorney. Can he take her out of the facuily at any time?

My mom is progressing fast with the symptoms of dementia, I am her oldest son residing in the state and country for that matter. What can I do to be able to handle her affairs financially and medically?

Can a person who acts as power of attorney be paid for her services. I am power of attorney for my brother who is incapacitated and it is taking much more time than I anticipated. Can I be paid for my time?

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