Yes - reporting anonymously is an option.

Being unable to talk doesn't necessarily mean unable to understand. If can understand, can utilize power of attorney - no need to go through guardianship. Hire an elder law attorney to walk you through the procedure.

If unable to understand, need a guardianship lawyer to handle the... View More

Close - but not yet. If one spouse does not require care, the well spouse is entitled to keep $120,900 of their joint assets.

But you want to plan for the unlikely event that the well spouse predeceases the spouse who needs Medicaid - because then the Medicaid recipient would inherit... View More

Mr. Williamson gave good advice - it just depends on whether your father has the ability to understand what he is signing. There is a concept known as a "lucid interval." This means your dad doesn't have to always be in the right frame of mind. For example - some of my clients are... View More

You would need to hire a probate litigator to contest the will. Let me know if you would like to be put in touch with one. But expect to pay a 5-7k retainer. These cases can get expensive.

It does sound suspicious- but if her estate is still open, you'll likely need to hire a probate litigator to challenge the validity of the newly-found will.

I see no reason why not. I would advise you make sure it is part of the Medicaid long-term care partnership program. This would be really useful if they later need Medicaid's institutional care program to supplement their long-term needs.

Here is an article explaining some LTC... View More

You bring up several issues:

(1) Last Will: you do not have a right to force your mother, your sister, or your mother's lawyer to show you her will. However, your mother may choose to show you the will if she so chooses, so I would advise a conversation.

(2) Mother's... View More

The lady bird deed is a tool that avoids probate, it is not designed to keep your affairs private (utilizing revocable trusts are better for privacy purposes). All deeds are filed with the county clerk, which becomes a public record.

The lady-bird deed (or any deed) must be recorded with the county clerk in order to be effective. At this point it becomes public record. Nothing about it will be private.

Its really hard to answer your question without additional facts. What, exactly, are you trying to do? Protect the home for Medicaid planning purposes? Is your mother trying to deed the house out of her name? Does your POA authorize you to do whatever you're trying to do (not all POAs are... View More

Yes - in fact it often makes sense to have more than one person empowered to make health care decisions for you should one person be unable to do so when necessary.

Options at this point seem to be: (i) Become a cosignor on the bill-paying account; or (ii) obtain financial power of attorney so you can sign in his stead.

As my colleague stated, granting power of attorney is voluntary and cannot be coerced. First - you (and other family members or friends) should sit with your grandfather to explain why a POA is necessary - to carry out his wishes when he is unable to act for himself. If he is still resistant - not... View More

Not sure if there is another guardian already in place or if you are looking to institute a new guardianship proceeding. With a properly drafted durable power of attorney, guardianship can be avoided altogether (assuming mom still has capacity to understand what she is signing). If guardianship is... View More

No - the very purpose of an elder law attorney, who handles Medicaid planning, is to legally and ethically protect assets so your mother is not forced to be impoverished before qualifying for Medicaid. I would highly suggest you meet with a local elder law attorney ASAP to discuss the best way to... View More

My understanding is that once the investigator determines there is no validity to the complaint, no further action is taken or required by the elderly person. I know that if the driver is over age 80, the license renewal requires a vision test. If you have received something in the mail, certainly... View More

So, what you are describing, is exactly what elder law attorneys (who focus on medicaid planning) do. We provide strategies to protect the home (and other assets) so your mother isn't forced into poverty to qualify for Medicaid (to pay for the nursing home). To directly answer your question:... View More

Good on you for noticing this - a lot of people just sign where the facility administrator tells them to sign.

If you are agent under power of attorney, you should be signing "as attorney-in-fact for________(name of parent)." You should also be meeting with an elder law attorney... View More

If your father has the mental capacity to understand what he is doing, there is really nothing you can do (its his decision, people are allowed to make bad decisions). On the other hand, if you believe that your father is incapable of making decisions for himself (e.g. has dementia) you can look... View More