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Connecticut Elder Law Questions & Answers
2 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Connecticut on
Q: Can items like a laptop and cell phone count as Medicaid spend down for a parent being admitted to a nursing home in CT?

My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 6, 2021

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... Read more »

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2 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut on
Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... Read more »

Steven Basche
Steven Basche answered on Mar 26, 2021

Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... Read more »

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3 Answers | Asked in Estate Planning and Elder Law for Connecticut on
Q: Brother placing mother in AL facility beyond her means and plans to draw down limited assets.

My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to... Read more »

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Connecticut on
Q: I believe close relatives are taking advantage of my fathers diminished mental capacity as it relates

to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »

Steven Basche
Steven Basche answered on Apr 3, 2018

You can petition the probate court to have a conservator appointed for your father. This will give you the power to take control and manage assets in his name.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Connecticut on
Q: If I am my mother's Health Care Ageny, Attorney-in-fact for health care decisions and conservator for future incapacity

do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 19, 2017

This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for... Read more »

1 Answer | Asked in Elder Law, Wrongful Death and Nursing Home Abuse for Connecticut on
Q: I'm 14 and I want to sue my grandmother's nursing home for wrongful death. Would I be able to?

My parents dont want to because they think we will not win, but I think there is a chance. She was dehydrated since march and they didn't notice and thought it was something else and has had to ho to the hospital after a week she went back to the nursing home and a week later she died.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2016

Tell your parents if they contact a good attorney like Michael Koskoff and tell them I said to call they will at least get a free consultation. If he takes the case it means he thinks he can win, as he takes cases on the basis that he only gets paid if he can get money for the estate. They... Read more »

1 Answer | Asked in Elder Law for Connecticut on
Q: What are the usual evidence or required documents needed for a person to terminate a conservatorship?

Need information that applies to New York, Connecticut and the US overall.

Nicole M. Camporeale
Nicole M. Camporeale answered on Mar 16, 2016

A conservatorship may be terminated when the person who is conserved makes a request in writing for the Probate Court to terminate the conservatorship. Generally the Court must hold a hearing within thirty days. The conserved person only needs to show that the conservatorship is no longer... Read more »

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