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Alabama Elder Law Questions & Answers
0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Alabama on
Q: Will the state put a lien on grandmother’s home that is trusted to her disabled child and an abled grandchild?

My grandmother has been threatening me to sign a quitclaim deed and give my half of the home to her other disabled son. Currently (from what she told me) the home is in a trust for my grandmother to live here as long as she is able to, once she passes away, the home goes to my youngest disabled... View More

1 Answer | Asked in Health Care Law and Elder Law for Alabama on
Q: Is there a way around Medicare’s five year look back policy?

The house is under my grandma’s name, with my dad as beneficiary for four years. With her health declining fast due to dementia, we need to get her into a nursing home asap. Is there a way to prevent Medicare from taking the house?

My dad and I moved in with her to be her caregivers... View More

Jack T. Carney
Jack T. Carney
answered on Dec 30, 2023

I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law for Alabama on
Q: The city is fixing to demolish my house it has been in front of the councilman and they ruled on tearing it down

This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down

I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More

Anthony M. Avery
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answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

1 Answer | Asked in Elder Law, Health Care Law, Public Benefits and Social Security for Alabama on
Q: My mother in law is 53, disabled, has no income, and was told that she doesn't qualify for Medicaid or disability.

She was told it is due to her having land in her name that her mother left her. Is there any truth to this or any way around it? She currently has no insurance coverage and no way to get any.

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

An Alabama attorney could advise best, but your question remains open for three weeks. Your mother could consider trying to arrange a free initial consult with a social security disability attorney (among other types of attorneys, based on your selected categories). There is a section here for... View More

1 Answer | Asked in Collections and Elder Law for Alabama on
Q: I had a judgement against me in 2017. They just started garnishment on Dec 2022. I’m 66 years old. What can I do
Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2023

You have a number of options. These options include, consult with a Bankruptcy to see, not only if you qualify, but if it makes sense in your financial condition and future. Protect your assets by having assets in non-collectible, accounts or assets. File claims for exemption.

The first...
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1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... View More

0 Answers | Asked in Criminal Law, Elder Law and Family Law for Alabama on
Q: What type of lawyer do I need to prove a relative is abusing an elderly relative in another state?

I have some proof that a relative did abuse an elderly relative before her death and is currently committing fraud with her bank account after her decease. This relative is pretending my dead relative is still alive to collect money. This person is also committing fraud with another living... View More

1 Answer | Asked in Elder Law for Alabama on
Q: How do you name two agents on a Durable Power of Attorney?
Jack T. Carney
Jack T. Carney
answered on May 14, 2021

The grantor of the power can appoint one or more agents to serve by naming them in the document. It is important to note whether the power is "joint" (meaning all agents must agree) or "joint and several" (meaning any agent can act without consent of the other). In practice I do... View More

1 Answer | Asked in Elder Law for Alabama on
Q: Do I need a power of attorney to accomplish this? See more information*

*My mother is in a common law marriage recognized by the state of Alabama. She has fallen ill and my step dad wants me to make all medical decisions.

Sarah S. Shepard
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Sarah S. Shepard
answered on Dec 4, 2020

Yes, your mother would likely need a living will and an advanced healthcare directive to make her decisions known and to give you the power to make medical decisions on her behalf. Here is a little more information on advanced healthcare directives in Alabama:... View More

1 Answer | Asked in Family Law, Elder Law and Small Claims for Alabama on
Q: Hi yes I just turned 18 instead of Alabama does my mother have a right to be reading my text every night
Sheila Crumley Field
Sheila Crumley Field
answered on Oct 25, 2020

The age of majority in Alabama is 19, so technically she can. And.. if she pays for the phone, then she can look at it.

1 Answer | Asked in Elder Law and Estate Planning for Alabama on
Q: Can/will Medicaid pursue asset recovery on a home that is by their calculation worth less than is owed on the mortgage?

The home is in my mother's name, but I and my family live in it. Current tax appraisal of home is $49k, and Alabama Medicaid advised me to list it for $50 -55k, but $60k is still owed on the mortgage. Will they force us to continue to try and sell, even though they would get nothing, or is... View More

Ben F Meek III
Ben F Meek III
answered on May 27, 2020

Your mom has an asset, which is the home. The mortgage may reduce the home's value to her, but it's still an asset.

There are too many unknowns that need to be looked into before you can know whether Medicaid can come after the house. One would be whether Medicaid recorded a...
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1 Answer | Asked in Elder Law for Alabama on
Q: Have an elderly brother in nursing home needs to qualify for medicaid (no individual assets and meets income limit)

However, inherited 1/4 of a parcel of non-home land and 1/8 of home he has been living in prior to entering nursing home. Medicaid considers the perceived value of that 1/4 in considering monthly income! How can this be removed from his countable assets? Can one of the other 3 owners buy his... View More

Norma McCord Wells
Norma McCord Wells
answered on Feb 7, 2020

One of the other 3 owners, or anybody else for that matter, can buy your brother's share. Medicaid will expect the purchaser to pay 1/4 of the tax appraised value. Be aware, though, the cash paid for purchase will also be considered an asset or resource for Medicaid. If the purchase... View More

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: In Alabama, what does the DR stand for in Case number DR2019-77
Jack T. Carney
Jack T. Carney
answered on Jan 20, 2020

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Alabama on
Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.

I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... View More

Jack T. Carney
Jack T. Carney
answered on Dec 16, 2019

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... View More

1 Answer | Asked in Family Law and Elder Law for Alabama on
Q: Where can i find online the AL codes/doc to file a conservatorship &codes to file for revocation of demented mothers POA

My 92yo mother is in my care now, as my sister.. her POA has not been taking appropriate care of her. She has dementia, and is unwilling to use my mothers social security to help provide sitters for care..she is a total care patient. I am 75yo and need help. The courthouse said i could look online... View More

Frank Truncali
Frank Truncali
answered on Apr 26, 2019

Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this... View More

1 Answer | Asked in Elder Law for Alabama on
Q: A car dealership sold my friends father with dementia who is not of a sound mind a $20,000 truck for $46,000

Her father turned in his BMW as a trade in as well. Her father is not of sound mind and the dealership will not allow them to return the truck and refuses to give their money back. They tacked on an extended warranty even though it came with a warranty because it was brand new.

Jack T. Carney
Jack T. Carney
answered on Jan 21, 2019

You can certainly consult with an attorney about various civil remedies, however, there are various new "elder abuse" statutes on the books in Alabama and some may apply to this situation. It is a crime to take advantage of an elderly, incapacitated individual. Your friend may want to... View More

1 Answer | Asked in Elder Law for Alabama on
Q: ? my sister abuses my mother I watched her slap my mother four times yesterday on her birthday she 72 then I got involve
Jack T. Carney
Jack T. Carney
answered on Jan 14, 2019

I am not sure if you have a specific question, but when there are incidents of physical, emotional or financial abuse of seniors (or any adult for that matter), there are resources for assistance. The first is law enforcement and if you witness physical abuse, you can call the police and file a... View More

1 Answer | Asked in Elder Law for Alabama on
Q: Can my parents transfer ownership of their home to me remain in the home and still qualify for Medicaid in 5 years

We are in Alabama

Jack T. Carney
Jack T. Carney
answered on Sep 24, 2018

Your question is a common one, but unfortunately it is not simple. First, it would be worth the time, effort and expense to consult with a legal or financial advisor about this decision and how it specifically affects your parents. It could have unintended consequences and ramifications extending... View More

1 Answer | Asked in Elder Law for Alabama on
Q: If me and my siblings use some of mom's money and then she's goes to nursing home will we have to pay money back?

I'm power of attorney had to move money into my name due to grandson stealing.

Jack T. Carney
Jack T. Carney
answered on Jun 2, 2018

If your mother needs to qualify for Medicaid (assuming she does not have the resources to pay for nursing home care), then you would need to repay the funds if she needs to qualify for Medicaid. It’s all related to the Medicaid “transfer penalty.”

The penalty basically works as...
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1 Answer | Asked in Elder Law for Alabama on
Q: Is it neglect if they if a elderly person falls eight times in a month and they don't take her to the doctor
Jack T. Carney
Jack T. Carney
answered on May 4, 2018

Cases of neglect are incredibly fact specific and there is no bright-line test as to what constitutes neglect. Speaking generally, if someone is concerned that an elderly adult is being neglected, there are three basic options:

1. Contact local law enforcement. There are several new...
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