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Elder law

Our Uncle lived in Fl and we live in OH. He commeted suicide in June 2009. He had a couple that lived a few doors down taking care of him since his wife passed away in 2004. We went down there after her death to make sure he could take care of himself. He could not walk well and had visual problems. It was very unexpected that his wife died before him. She went in for a heart procedure and past away in the hospital. She walked 2 miles a day. She had wanted so bad to come up to OH to be hear with her grand-nephew. She was so happy that there was a young one to keep the family going. They were not able to have children and her sister had a boy who is my husband. Now, we have two children. Before we go there in 2004 our Uncle had already had this couple helping him do his bills, taking him to get groceries, medicine, basically caring for him. He had never had any contact with these people before she passed away. We spoke with them and gave them our phone number and address and told them please contact us if anything is not looking right or if you feel he can not do this on his own. At the time we were down there our Uncle had a trust made making us the trustees of it. He informed us that our son (we only had 1 at that time) was going to come into a lot of money at the time of his death for college, he informed us put him in a private school because there is 4000 shares of IBM stock for his education. Well, after we left we spoke with him often. His attitude toward my husband grew hot and cold. Then my father was in a severe car accident and took over a year to get better enough to be on his own. Then I got pregant with our 2nd son. Then our 1st son went into school. Needless to say we were unable to go to Fl. We did call these nieghbors about 15 to 20 times about our Uncles behavior and they said he was the same with them and they just ignored him if he was nasty with them. They never called us in 5 years exept the day he killed himself and at which time they informed us that he said he was going to do this everyday!!! Well, now he is gone and we went down there and all the paperwork is missing (we have some but not all). There was a joint checking to which they had there name on and they emptied that the day he died with automatic payments due to come out is that allowed? The other sad thing is that 4000 shares of IBM stock is now at 325. There is much more to the story but I was wandering about the joint checking she closed it so fast with bills being owed. They were also paid a lot of money to take care of him and there is missing money. Can I send them a W-2 for all of this money and do that have to show this and the money in the checking.
Asked in OH May 21, 2022
Tag: 
Elder law

# 1,381
Does the 'gifting' provision of up to $13,000 per person, per year penalize an elderly person from qualifying for Medicaid benefits? For example, if my mother 'gifted' me $13,000 would she be able to qualify for Medicaid benefits in the state of New York right away, or would there be a waiting period?
Asked in NY May 21, 2022
Tag: 
Elder law

# 1,382
If I have Power of Attorney for my father, and he owes money for healthcare which is being disputed, can they go after me and my credit?
Asked in IL May 21, 2022
Tag: 
Elder law

# 1,383
My eldery Mother, in florida, has given POA to my brother, who refuses to communicate with myself or our sister. My mother is still at her house, but has been in and out of nursing homes because of accidents. The admnistrators and doctor at the current nursing home have contacted me because they feel she is not safe at home. My sister and I contact the state elder services once before. They visited my mother and left b/c she said everything was okay. The doctor now says that my brother has been drugging her with strong anti-psychotic medication. My sister and I don't know what to do next? My Mom and brother are in W Palm Beach, FL. I am in NYC, my sister is in Chicago.
Asked in FL May 21, 2022
Tag: 
Elder law

# 1,384
Can two brothers have the power of attorney for their mother?
Asked in LA May 21, 2022
Tag: 
Elder law

# 1,385
My ex-husband may have to enter a nursing home. Our divorce decree states that he pays for my health insurance for 2 yrs. If he does enter a home and then use his assets for payment will I still be able to collect my court ordered payment for health insurance?
Asked in NJ May 21, 2022
Tag: 
Elder law

# 1,386
I'm not sure this is the right area to post this question. My father (now age 70) got married to a woman 2 yrs ago. My sister and I feel that this woman only married him for his money. She is verbally abusive to him and basically "took over" all his finances. The last we knew, my sister and I were the beneficiaries in his will. We are almost certain that the new wife has had that changed by now. My father had a stroke last week with swelling of the brain. The new wife is just laying in wait right now. My father is an alcoholic who would do whatever he is told. Is this elder abuse? She is 65yrs old. Is there anything that can be done as far as a restraining order? We believe she was not giving him his meds since he had a TIA 3 weeks ago and feel she was trying to withhold the meds so he would die. Kind of like a black widow. He has paid off her mortgage, let her nephew $30,000.00 and there is an additional $40,000.00 missing from his Oppenheimer funds. The money has not been taken out since he was ill, so I'm sure he was aware of it. I have power of attorney, can I move that money into an account he has that his wife is not on?
Asked in NY May 21, 2022
Tag: 
Elder law

# 1,387
My mother is in an Alzheimer's facility in Pa. My eldest brother was POA. Two months before he died he took my other brother to the attorney along with my mother (again Alzheimer's-not court documented) and had him put on the POA as an alternate. My mother signed it but I know for a fact that she did not know what she was signing. I believe the second brother, now POA, is mis-using my mother's funds for his own benefit. He is having financial difficulties now and the rest of the family does not know what to do as he says that he is POA and does not have to tell us anything. He is being very sneaky about the where abouts of certain items of my mother's and says "if mom dies tomorrow, all this money is mine!". Help!
Asked in PA May 21, 2022
Tag: 
Elder law

# 1,388
my mom is 84 years old and has a home attendent for 12 hours per day she is legally blind and deaf and bed riddin. she is on social security and receives $1,075. a month, with her rent, food and apt expenses and all yet extended home care is asking for $280. per month. she doesn't have enough to cover all i mentioned so does she have to pay the spend down ? also can she get food stamps ?
Asked in NY May 21, 2022
Tag: 
Elder law

# 1,389
I have a CD that is in my name (transfered it 4 years ago) with my mother as benificiary. Is it considered my mothers account for nursing home and Medicaid purposes?
Asked in MI May 21, 2022
Tag: 
Elder law

# 1,390
If my wife and I become the legal gardians of my father in law in regards to health decisions, are we now financially responsible for any and all of his outstanding medical bills? Thanks for you assistance
Asked in IL May 21, 2022
Tag: 
Elder law

# 1,391
What accountability does an executor (my sister) of an estate have to her siblings? How do I uncover, if any, problems with my Mother's will?
Asked in AL May 21, 2022
Tag: 
Elder law

# 1,392

Elderly woman would like to issue a Revocation of Power of Attorney that she may have signed (but doesn't remember). If there was one, it hasn't been recorded (yet). She would like to make sure that there isn't such a document in existence.

Does a Revocation have to be specific as to recording information, or can a blanket type of revocation be recorded so she knows she didn't sign one to her daughter?
Asked in CA May 21, 2022
Tag: 
Elder law

# 1,393
My 80 YO father is about to be awarded over 16 years of back pay from SS Disability. He is currently on Medicare. How will this affect his current benefits and can he give the money to his kids and keep his benefits with Medicare.
Asked in OK May 21, 2022
Tag: 
Elder law

# 1,394
My mother in-law is on Medicare and lives in a state facility. She has a house that has been empty for three years. She owes 2 years back taxes. Can my 35 year old son move in and pay her taxes and utility without her being removed from Medicare. She is 86 years old with Alzheimer. We live in ingham county lansing, michigan
Asked in MI May 21, 2022
Tag: 
Elder law

# 1,395

My brother who has Power of Attorney over my 92 year old mother's finances, has told her, she is no longer going to get a Social Security check every month because she is on Medicaid. Is there any reason other than death that would stop the checks from being sent? I want to protect my mother from being taken advantage of and lied to if this is the case.

Thank You

Patricia
Asked in NJ May 21, 2022
Tag: 
Elder law

# 1,396
can I recieve my unemployment insurence from California after moving to Washington?
Asked in CA May 21, 2022
Tag: 
Elder law

# 1,397
We are both over 70 and planning marriage. Both have grown children. We both have savings which will be kept separate(not co-mingled). If one of us exhausts savings through nursing home expense can he/she obtain medicare help without having to first use the other spouses savings?
Asked in OH May 21, 2022
Tag: 
Elder law

# 1,398
My mother and father in-law live alone in their own home. Lately, my father in-law has started sending LARGE amounts of money to individuals who contact him through the internet offering great riches if he will only send them so much money first. At this point, he has sent out over $100,000 to these scam artists. As grown children, where do we start to protect mom and dad from becoming completely destitute? He is a proud man, and these scam artists are making him feel like he's back in the business world again. What can we do?
Asked in TX May 21, 2022
Tag: 
Elder law

# 1,399
mother lives with me 92 years old health is starting to fail she hase about 20000.00 to name i know if she goes into a nursing home before gov starts paying all hir money hase to be gone if she gives it away how far back do they check back
Asked in MI May 21, 2022
Tag: 
Elder law

# 1,400

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