Elder Law

My mother is 84 and in an Assisted Living facilty. We feel she will need full nursing home care in the very near future. She sold her house to us(brother and sister) in Sept. 2005 in Massachsetts. What is/was the medicaid ''lookback'' for assets owned then sold or gifted?

Durable Power of Attorney

My mother made out a durable power of attorney in 1997 to my father and then in case of his death, it went to my sister. Then upon the death of my father in 2000, my mother made another new durable power of attorney to me, her son, at which time, my sister didn't want anything to do with power of attorney anymore. So which one is valid and legal? Or are they both valid and legal?

We need to know who has the DPOA. Both of them are filed in the county Clerk's office.

P.S. I have the new power of attorney document but I don't have a revocation document and don't think one was ever made. Do I need one or does the new DPOA supersede the old one? Please help!

Abuse of dementia patient

Should I call the local police to protect

a friend who I believe is being

financially abused and over

medicated to prevent any clear

thoughts?

power of attorney

My sister got my mother to sin a power of attorney by telling her that should she get ill and go to the hospitol she would need someone to speak on her behalf. Without consulting any of the other 5 siblings her and her husband went on title and she had my 85 year old mother sign a power of attorney. When my mother indeed took a fall and needed to have a short term hospitol stay we found out. My mother thought when she got back home it would be revoked. The problem is my sister arranged for my mother to go to a nursing home (which was to be temporary) for rehabilitation. Now she says my mom needs to remain there for care. Anyone of us would have my mother move in with us and would get a nurse to help. When we have tried to open this dialogue my mother is very receptive but my sister is adamant that she will never leave the home and reminds us that she has TOTAL control. Now after searching we find out that my sister signed over the rest of the home to my brother-in-law (her husband). She claims it was to protect my mothers assets because she is receiving ssi. doesnt that constitute fraud? He home should be used to give her a needed care not hause my sister & nephew. What can we do to revoke this?

Fraud on Elders

Is there a statute of limitations on fraud (abuse of power of attorney),

stealing money, for elderly parents/aunts

death without a will

my friend's bother passed away and she had to get in tough with his daughter,who he hadnt known for 40 years. The daughter comes up north and to trying to get rid of all this things,even a car and a coin collection. does all this have to be probated and the daughter needs to get a lawyer.

forged signature to change power of attorney

I have in hand a copy of my mothers power of attorney which was changed from the original. I believe her signature was forged because I have many examples of her writen signature in hand. What can I do?

Elder Finances

My parents are in their late 70's early 80's. They have been making poor financial decisions. My sister and I have tried to get him to stop spending money he doesn't have (i.e. credit cards). His response is to tell us not to worry, but obviously, we do. What is my legal responsibility as an adult child of an elder parent? Is it my responsibility to stop him before he runs out of money? Or should I wait til he hits bottom and then help him pick up the pieces.

will's probate

must a will of a spouse be probated

upon his or her death

Power of Attorney

does being POA for someone mean that you are personally responsible for all of their expenses?

Medical care question

My 81 year old father in law is ill with cancer, we moved in with him 8 years ago when his wife died. He owns his home outright and has assets in the bank which were left to him by his older brother a few years ago. He has terminal bladder cancer and some other health issues. He has spent 40 days in the hospital, had a stroke, heart attack (double bypass was done) and was discharged from the hospital with no care plan in place (we were told to get a church lady to stay with him) Insurance will not help us with money for his care, he does have a pension but it is 2000 a month, not enough to get care for him for the full day while we are gone at work. My husband may have to leave his job as we cannot afford to spend more than his pension for someone to come in and care for him. If my husband leaves his job, to stay home and care for his father (who insists that he needs no help) he is weak but has his wits about him, i am concerned for my husbands health. Is it true that unless the state takes his assets he cannot be put into assisted care or a nursing home using only his medical benefits and his pension. We could really use some advice and will be glad to see an elder care attorney but need someone in Suffolk Cty.thanks

health care for father

My father remarried and gave his new wife total control of his estate. He suffers from dementia and is in a nursing home. She wants the funds from a family trust which is not suppose to be used for his care until all of his assets are gone. She has been cashing his assets and I believe putting them in her name and going to the trustee and saying she has no more money so the trust must pay for my fathers care. The trustee has asked for documentation of where the assets have gone but the new wife refuses information. Now the wife is moving my father to an inferior quality nursing home without lock down even though he has alzheimers and wanders. She has decided since the trust will not pay for his care she will move him. Is this negligence? Blackmail? Any legal way to keep him in the home he is in and pay for it with his assets (which she is controling) or does she have all the rights? Thank you.

conservtorship

What rights do the other members of the family have if not satistfied with the appointed conservtor.

Home asset

My mother in law has about 6 months of cash available for private care (she was in a traffic accident) after that her only asset is her home. What happens to the house if my wife and I also live there and we have been listed along with our two adult sons as owners for 5 years?

Health power of attorney

I am my 91 yr old mothers financial power of attorney. I live in New Jersey and she is in a nursing home in Florida with alzheimers. My 2 sisters also live near her. Can one of them be appointed her health power of attorney instead of myself? I would be a lot more convenient. Can this be done with a minimum of legal hasseling. Thank you

sale of condo in colorado

My father has around 4 months of funds for private pay care, before he has to apply for medicaid, we have been unable to sell his home. Will the facility take possession of the property if denied by medicaid? If the home is sold before medicaid process, how are the funds divided? Can he gift large amounts to his children without any penalities?

NY POA - records

My sister holds POA and is handling the financial accounts of my mother and grandmother. My brother, my sister and I have joint POA for the sale of their home. My sister is insisting that it be sold immediately. The market is down. I would like copies of their financial records so that I may make an informed decision. She is refusing to send the records to me. Is there a legal process (court petition) that I can go through to attain these records?

eldercare

my mother,who has Dementia was given an application for a n appointment of a guardian. I want her to stay in my daughters care where she is well taken care of. How can I change this decision

single premium annuity and gift or trust

My mother is going to have to enter a nursing home pretty soon.She has a modest amount of amount of assets totaling $43845.00.My sisiter is buying her home and we are gouing to transfer the title to her name this month. I want to establish a single premium annuity and her income will be around $1700.00 at that time. I do not know whether to put part of the money in a trust or gift it to her 4 children.Apply for medicaid and then the annuity will cover the penalty phase. I have her power of attorney and so this is my decision because she has late stage dementia and is almost 81 years old.

elder care law

I have been to an elder care lawyer and signed a retainer about two months ago in the amount of $8000.00 (which I paid at that time in full). The lawyer contacted me this past week and told me the amount could go over substantially because more in-depth documentation is required. This lawyer said I could either drop the contract with her and lose whatever amount I put in so far (with a 25% discount) or continue with her and pay quite a bit more. She has not given me an estimate yet of the $ amount, stating that it is hard to be exact. I was supposed to get an itemized bill about every 2 months, which I haven't yet received. Also, she is trying to get me nursing home medicaid (although I intend to keep my mother at home) at this time because of she wants to start the penalty period going. However, I feel my mother is doing very well at home and a nursing home would be the very last thing I would want to consider for her. The lawyer feels my mother had a stroke and is 86 years old, so she is vulnerable to having another. The lawyer told me not to consider community medicaid at this time because she has long-term care for two years (but only enough to cover aides - $170/day). She has a 24 hour aide at this time.