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We'd like some advice on how to stop this person from taking advantage of him.
answered on Aug 24, 2016
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 
Can we sell his house even if it's in the will that it goes to my sister?
answered on Aug 17, 2016
I would highly suggest you meet with an elder law attorney who handles medicaid planning to discuss other options (whether its our firm or another one). You should not have to sell the house to pay nursing home expenses!
What medicaid planning attorneys do is legally and ethically shift... View More
This IRA is mine alone. We have been married 25 years and I started contributing to an IRA approximately 40 years ago. He is retired and I am on SS Disability due to several medical and psychological issues. He worked very little and only gets $329 monthly from SS retirement.
answered on Aug 5, 2016
It depends on what other assets you have.There are laws to protect against the well spouse (also referred to as the "community spouse"). This is referred to as the Community Spouse Resource Allowance (CSRA) and the Monthly Minimum Maintenance Needs Allowance (MMMNA). You should meet with... View More
grandfather is in an assisted living facility in florida. He is 90 and has age related dementia, extremely paranoid. Uncle doesnt get along with the rest of the family, visits grandfather & plays with his paranoia. Makes up stories & fabricated letters that the family is conspiring to... View More
answered on Jul 30, 2016
A guardianship attorney can assist with this type of case. An action would be filed alleging that the grandfather did not have the capacity to sign that power of attorney and that the uncle is abusing his responsibilities as an agent by not meeting the grandfather's known wishes. This can get... View More
answered on Jul 30, 2016
I think you may be confusing Medicare and Medicaid. Your father has Medicare Part A and B. Unfortunately, Medicare will only pay a portion of a nursing home bill for 100 days - max. Medicaid will pay for the nursing home bill if your father qualifies. If he does not qualify, there are strategies... View More
answered on Jul 30, 2016
I think you may be confusing Medicare and Medicaid. Your father has Medicare Part A and B. Unfortunately, Medicare will only pay a portion of a nursing home bill for 100 days - max. Medicaid will pay for the nursing home bill if your father qualifies. If he does not qualify, there are strategies... View More
answered on Jul 30, 2016
It takes a judge declaring so in a guardianship action. When a guardianship proceeding is initiated you would explain the grounds supporting the allegations that your parent (known as the "alleged incapacitated person") is unfit to make financial decisions. The easier way to do this, if... View More
answered on Jun 12, 2012
Now that several weeks have passed, as a personal-injury attorney, I would as the following questions:
-1- did you go to the hospital as a result of the gas-spray incident?
-2- have you seen a doctor at all since the gas-spray incident?
-3- did you file a report with the gas... View More
answered on Jun 12, 2012
There is an old saying: "any lawyer who represents himself....has a fool for a client." My point is that even those licensed to practice law know that it is foolish to try to represent themselves. As a non-attorney - you would stand virtually no chance of success if the defendant hires an... View More
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