Nursing home patient being sued

My mother in law is in a nursing home with Alzheimers, can she be served? She has no income because it is all going to medicaid for the nursing home. There is nothing to pay the past due bills with and when they tried serving us the papers I said she no longer lived there. Can they go to the nursing home and serve her? Is she protected from this? I try to deal with the nasty creditors but they want the POA, my sister in law and she doesn't want to talk to them either. What should we do or is there anything we can do?

sell home to pay med. bills?

My husband (65) and I (65) own our home. Assuming we have no other property or assets, will medicare/medicaid force us to sell our home to pay med. bills or long term care bills?

Life Estate

A friend of mine holds title to his parents home (they have owned for 40 years and put in his name in 1992) with a life estate for his parents. His parents are now living with him and they want the house sold. The question is this...are the proceeds split 50/50 wit their son? Do they all pay capital gains? Can the parents use their one time exemption? They have lived there up until 1 month ago and the son has not lived there since 1995 or so.

elderly parent care

i am trying to keep my 91 year old father home as long as i can. he has vs dimentia & alztimers as well as medical issues. my question is i am using what money he has left in the bank to pay for his home care. i have to spend down his money before i can apply for mass health. i am paying $900 a week for day care at home for him ($18 an hour for 10 hours a day) and i need to have someone take care of him at night now. i can get someone for $12 an hour but it has to be done under the table. he only has about $13,000.00 left and that's not going to go too far. can i do this without causing any trouble for myself or anyone else? i don't want to put him into a nursing home.

Should I appeal attorney fees

My brother bought a petition for guardianship for my mother and I cross petoitioned for guardianship and I won guardianship. The question I have is i hired an attoiney and it cot me $13,000 and the Judge asked my mother if she would like her OWN attorney and she said NO, but the Judge assigned her ttorney anywya ven though I had an atorney to gight my brother who bought thepe peition to Couer. Now my question is: The Judge has ordered that my mother pay the court appointed attorney (even thugh she has stated in court that she didnt want her own attorney) to pay the attorney $3,500.00. I don't think this is fair since my mother never wanted an attorney assigned to her and if she did she would have had her own attorney. Can this fee hbe disputed? Is my mother obligated to pay this attorney even though the Judge order her against my mother's wishes? I was appointed as legal guardian? Can I fight this attorney fee as I don't think it is rifht that my mother said he does not want an attorney ((as I already had an attorney to fight my brother's petition(). Why should why mother have to pay for an attorney that she never requested ? Can this be disputed or are fighting a losing battle

attorney procedure

is it common practice for the winning attorney in mediation too hold in reserve 1,000 dollars from his client for unexpected charges

estate protection

my father and mother are both in good health are 72 and 77. Their combined estate is worth in excess of 1 million dollars and they have 3 daughters so we understand their should not be tax implications but what should they do to protect their assets should they ever have to enter a nursing home. I understand the lookback period for medicaid is 5 years currently. Are they able to transfer assets into their daughters names but still have access should they need it?

Poa

My brother is ill with cirrohosis of the liver. His wife put him in a nursing home supposedly temporarily. She tells family she is never taking him home & she told him he needed to sign a poa so her insurance would pay. Now she is telling the doctor he needs more meds for agitation & we have reason to believe she is doing it to get him declared incompetent so she can just leave him there & go on her way. One sister asked him if he wanted to get the poa off since it was not needed & he said yes. She is now trying to keep family away by saying someone is giving him extra meds. We have all talked & we want to see our brother helped not just laying here like a zombie. He is 60 & says he feels terrible every day. They are supposed to be giving him PT so he can walk again but he feels so drugged he can't really do the PT. We are heartbroken & feel so helpless. Can the POA be revoked since it is his wife. She told the dr. & nursing home she would sue if they told us anything about his health. Is there anything we can do & where would we start.? Thank you for any insight.

Elder Law

How is venue established in a case that would involve revocation of a power of attorney and appointment of a guardian of the person and estate of an elderly person. Would venue need to be in the County in which the elderly person resides?

power of attorney in GA

My friends wife has had a stroke and is incopacitated to the point she can not sign the forms necessary to give power of attorney to her husband... What are his options at this point and what is a fair estimate as to how much a lawyer would charge to help him with this matter?

medicaid and the home

My mother is in a nursing home and not expected to return home. Her insurance runs out in 10 months and she will apply for Medicaid. Cash assets are gone. We understand that she can keep the home and $2000 in other assets under Medicaid rules. First, if we rent the home out can she still keep it so when she passes it will go to the children - or if rented will Medicaid consider it an asset like cash? Secondly, if we dont' rent it, can we have someone just live in it and pay utilities, then will it be okay under Medicaid? Can medicaid expect the home to remain vacant for what could be years??

Spousal Rights

My step-father's assets are now being managed by his granddaughter (POA) and as he will be going to a nursing home shortly, or, worse yet, if he dies, his heirs have informed me that my mother's needs will no longer be paid for by her husband of 14 years. Even though he has named his granddaughter as heir, will he or his estate be legally bound to care for Mother. I know this is what he would have wanted.

attorney for the estate

i am named the sole administrator of my deceased fathers estate, i am his middle son , the will is being contested by my older bro and sis, the attorney who wrote the will appointed a lawyer for the estate. can this lawyer obtain my house during the probate process without my consent?

What assets can be preserved under medicaid?

My mother-in-law will be in nursing care and run out of funds qualifying her for medicaid. What can we do to preserve some funds now?

For funeral/burial?

For clothes, etc.?

declared incompetent

My mother, who is 64, lives alone in a single family house in Pensacola, Florida. I live in Los Angeles, California. Besides each other, neither of us as has any immediate surviving family. In my judgement, she should not be allowed to continue in charge of her own affairs, as she is a compulsive hoarder, becomes overdrawn on her bank account every month and has attempted suicide within the last four years (and held by the Baker Act for at least several weeks in a mental health facility), among many other sad behaviors. These behaviors have resulted in her having a car she cannot drive because it is not registered or insured, failure to have prescribed medicines due to lack of funds, and my having to pay her utilities occasionally to prevent them being shut off. How would I go about having her declared incompetent to handle her own affairs and, if I am placed in charge of them, can I ''force'' her to move to California so I can help her look after herself either by sharing a residence with me or placing her in a private apartment I would provide?

Assisted Living Facility - Breach of Contract

Both my parents were displaced to an assisted living facility. They hav eboth been there since right after Christmas. We sat with the director and nurses of the facility to discuss what needed to be done on a daily and weekly basis, per the contract, and until this day several of the duties that need to be done have not been. We pay $8000 per month for my parents to live there and we expected their contract to be adhered to. It has not. We are now bringing my parents home because even with constant reminders of tasks that are not being down for my parents per their contract we need to have them cared for properly. We feel my parents should get compensated for duties that were not done for them while they lived there. Since they signed a lease for 1 year and are leaving earlier, the facility's contract states they have to give a two month notice. They can leave anytime, but still have to pay $16,000 for the 2 mos. Is there anything we can do to help them? A concerned daughter

other party representation

if a person is served with papers to appear to give statement of charges can another party represent with a statement for person served if person is unable to be in court because of prior commitment

Can i sue my brother for elder financial abuse?

My brother promised to care for mom and dad and had convinced dad to give him the money to buy a house. He took all his cash and last minute my brother abused dad, and then tried to get him institutionalized. I came to dad's rescue, he is 81, dad sued dad and we have a stipulation now that my brother will sell my dad's house and give him the money when he sells.

But for a year, my brother kept even my father's TV, abused everyone and threatened and so far we have not seen a dime. We had to rent dad an apartment to live in and this is costing us plenty.

There were 4 people that saw my brother promise care for my dad, and we haev a lot of emails where he first promises care and then he says he wants him out and dumps him.

My brother did the same thing with his twin daughers, he dumped them. He threatened me and my husband and has taken more than $600,000 worth of property and we are taking care of dad.

Can we sue my brother now because we are the ones taking care of dad. We have POA.

The stipulation, he might just not comply with.

Uncle taking financial advantage of grandma

My grandmother owned a few houses, rented them all of her life and my uncle helped her run them in the past several years. Several years ago, she wanted to retire so he was going to run them and pay her a salarly. He immediately decided he wanted to sell them and convinced her to signed them over to him. Now he's sitting on over $1.5M, bought a half a million home for himself and is paying my grandma several thousand a month with no legal obligation. She doesn't own a home, has no savings, is sick and one of her other kids have moved into her apartment to take care of her. I don't trust him and I want to have some legal infrastructure put into place to guarantee he continues to pay her. Also if she dies she wants her other children to get her payments so I would like to put infrastructure around that as well. If he refuses to sign any agreements, do we have any chance of claiming he took advantage of his mother and getting the proceeds of her houses back?

Can Medicade collect when property transferred?

Property owned jointly by siblings. One (over 65 yo) moves out and subsequently transfers her third share to her daughter. They request buy out by other siblings. Both mother and daughter are on Medicaid and SSI. Will the payment made to them be liable to seizure by the state? Is this a fradulant conveyance?