Memphis, TN asked in Estate Planning and Probate for Tennessee

Q: Regarding caregiver and heir Tennessee Estate

Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped him find a home in an area close to everything. I moved him since he couldn’t carry anything heavier than a box of Kleenex due to his COPD and CHF. That was 30 years of things at a farm condensed into a small house in town. I left my job to move there for him and cashed in my 401k so I could pay my bills. Dad paid my movers. Year 2 dad gave me $1k gift. Year 3 he moved in with me and my husband and paid for groceries then he gave me $5k for a car. Year 4 was more complicated because he went into a nursing home but didn’t want to stay but couldn’t get out of bed and was a total care so asked me to hire some people to help me bring him home. Absentee heirs now trying to sue to recover all!

Related Topics:
1 Lawyer Answer
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
  • Cleveland, TN
  • Licensed in Tennessee

A: There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a private room in the U.S. is around $8000, and a semi-private room is around $7000. Medicare may help, but if you have assets or he had assets then they may go after that first. The other consideration to keep him home is to hire a caregiver and have an attorney do a conservatorship. Conservatorships take a long time to do - maybe a year - and decisions will be made by the court regarding same. If he has a will, and you are the beneficiary, then there will probably be a will contest. You really need to hire a local attorney to take care of the situation, because it can become very complicated.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.